ABSTRACT: The Decree nº 2011-48 of January 13, 2011, introduced important changes to the French Code of Civil Procedure relating to arbitration. Among them is the novel inclusion of the principles of loyalty, celerity and confidentiality. Although these principles were already part of French case law, the Decree confirms and clarifies their application, particularly regarding the confidentiality, which is a rule only in domestic arbitrations. As these notions are somewhat vague and difficult to grasp, this article analyses their application through case law and practical examples, from the point of view of both the parties and the arbitrators, including the possible remedies for their violation.
Revista Brasileira de Arbitragem