Arbitration in France
is a common dispute resolution method that has become the preferred mechanism for solving national and international disputes. The French law encourages arbitration
and Paris is home to the International Court of Arbitration
, an important institution that is part of the International Chamber of Commerce. The International Court of Arbitration
brings together more than 100 members from approximately 90 countries worldwide. The International Court of Arbitration in Paris
is one of the most experienced and endowed arbitration institutions in the world.
Our French law firm
offers various legal services, including counseling and representation for solving legal matters.
The International Court of Arbitration
The head office of the ICC International Court of Arbitration is located in Paris, France, but the entity also has offices in other cities like: New York, Hong Kong or Singapore. However, the arbitration proceedings are administrated depending on the parties’ choice and this can be done anywhere in the world. Usually, the location is selected prior to the beginning of the dispute.
It is very important to acknowledge that the Court is not an actual juridical court and it does not resolve disputes, does not award damage or costs and does not decide the winner nor loser of arbitration. Independent arbitral tribunals take these actions.
The Court has specific functions, like:
- establishing the place of arbitration;
- confirming, appointing and replacing arbitrations;
- deciding to file for subsequent arbitrations;
- monitoring the arbitral process to make sure that it complies with the rules.
Arbitration in France
There are different requirements for domestic and international arbitration in France. In case of domestic arbitration, an arbitration agreement must be concluded in writing. This can also be an arbitration clause included in an already existing contract. The agreement must define the subject of the dispute. Also, the parties have the option to select unilateral or optional clauses. This means that one party, but not the other, will have the right to choose between the preferred methods for solving the dispute: either arbitration or court adjudications.
In international arbitration, arbitration agreements are not subject to any formal requirements. The original arbitration agreement or a copy thereof must be provided when settling a dispute through arbitration in France.
The number of arbitrators needed to solve a case can be determined by the parties and included in the arbitration agreement. The French Arbitration Court does not impose a default number of arbitrators, if the parties have not specified this in their agreement. Accordingly, the task of appointing the designated arbitrators falls in the competence of the parties. If they fail to reach an agreement, a judge will appoint the arbitrator.