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.