La passion de la Révolution française pour l’arbitrage - Revue de l’arbitrage View La passion de la Révolution française pour l’arbitrage by - Revue de l’arbitrage La passion de la Révolution française pour l’arbitrage 2014 1

Even more than establishment of a hierarchical judicial system, advancement of conciliation and arbitration lay at the heart of the Judiciary Act of 24 August 1790. Deputies characterized arbitration as “the most reasonable means of resolving disputes between citizens”. Recourse to arbitration became a natural right, universal, immutable and consistent with reason. Arbitration was set forth as the principal means for dispensing justice, taking precedence even over state courts. Convinced of their historical mission, the National Assembly created a pro-arbitration policy confirmed by all three constitutions adopted during the decade of French Revolution at the end of the 18th century. As a watershed in Arbitration Law, the 1790 Act recognized the agreement to arbitrate as having a contractual basis and full legal force, which entailed stay of judicial proceedings, award finality, limited appeal, and simplified enforcement mechanisms. All these elements entered the Napoleonic codes, remaining essentials to French law until the present days. 

Revue de l’arbitrage