The universal jurisdiction of the French judge in the case of denial of justice.
The new article 1505 of the French Procedural Code enacted by the Decree n.° 2011- 48 of 13 January 2011, establishes two new grounds for jurisdiction of the President of the Paris Tribunal de Grande Instance to act in support of arbitral proceedings: when the parties have expressly provided for the jurisdiction of the State Courts, and when one of the parties is exposed to a risk of denial of justice.
This article will focus on the risk of denial of justice as a basis to establish the jurisdiction of the French Courts in support of the arbitral proceedings. We will first examine the origins of this jurisdictional ground in the context of French private law; then its admission by the French Courts in a matter related to arbitration in 2005; and finally we will analyze the present rule as it has been codified in the Code of Civil Procedure.
Iurgium [previously Spain Arbitration Review]