Arbitration is a private and alternative dispute resolution method in which the parties agree to submit their dispute to one or more arbitrators, chosen by them or appointed by an institution, who render a decision called an arbitral award. In France, a distinction is made between domestic arbitration, applicable to disputes that do not involve any foreign element, and international arbitration.

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Domestic arbitration is governed primarily by the Code of Civil Procedure. It offers parties a more flexible and confidential procedure than that of state courts, with generally shorter time limits. The arbitral award has the same enforceability as a state judgment, subject to its exequatur by the competent judicial court.

• Articles 1442 to 1503 of the Code of Civil Procedure (CPC): Govern internal arbitration.

• Article 2059 of the Civil Code: States the principle according to which one can compromise on rights which one has free disposal.

• Decree No. 2011-48 of January 13, 2011: Reform of French arbitration law.

• Article L. 111-3 of the Code of Civil Enforcement Procedures: On the enforceability of the arbitral award after exequatur.

• Generally faster procedure

• Confidentiality of the debates

• Choice of arbitrators by the parties

• Technical expertise in certain areas

• Guarantee of independence and impartiality

No, arbitration is based on an agreement between the parties. It can be provided for in the initial contract via an arbitration clause , or decided after the dispute has arisen via an arbitration agreement .

Implied consent refers to a situation where a party is considered to have accepted arbitration without having expressly declared it , but through its behavior, silence or certain circumstances defined by law .

An arbitration clause is a provision inserted into a contract by which the parties agree, in the event of a future dispute, to resort to arbitration rather than a state court. It anticipates a potential dispute and obliges the parties to submit this dispute to one or more arbitrators chosen according to the stipulated terms.

The arbitration agreement is an agreement concluded between the parties after the birth of a dispute , by which they agree to submit this dispute to arbitration.

Unlike the arbitration clause (inserted into a contract before any conflict), the compromise occurs a posteriori , when the dispute has already arisen.

No, the arbitrator is not a state judge, but he or she has virtually the same prerogatives and acts with private jurisdictional power granted by the parties. The arbitrator issues decisions called awards. These decisions are binding.

Once approved by the judicial court through an exequatur procedure, the arbitral award has the same enforceable value as a judgment rendered by a court.

An exequatur is the legal procedure that allows an arbitral award to be made enforceable in France, i.e., to have the same force as a judgment rendered by a state court. Without an exequatur, an arbitral award cannot be enforced by law enforcement (e.g., seizures, injunctions).

The party wishing to enforce an arbitral award must submit a request to the competent judicial court . This request is examined by the president of the judicial court , who rules in a non-adversarial formation , unless the award is subsequently contested. If the exequatur is granted, the award becomes enforceable in French territory , with the same force as a state judgment.

Yes, but only in very limited cases (e.g. procedural irregularity, violation of fundamental rights, contravention of public policy, incompetence of the arbitrator, etc.). The remedy is called an action for annulment .

An application for annulment of an arbitral award must be filed with the competent Court of Appeal . The competent Court of Appeal depends on the seat of the arbitration or the place of enforcement. The application for annulment must be filed within one month of notification of the award. Annulment is only possible for serious reasons affecting the regularity of the award .

• Cass. civ. 1st, July 7, 1993: Specifies that internal arbitration must respect public order.

• Cass. civ. 1st, September 30, 2020: Recalls that the arbitration clause is valid even in an adhesion contract, except in the case of manifest imbalance.

• Cass. civ. 1ère, February 25, 1997, Zanzi: On the recognition of the effects of the arbitration clause.

• Cass. civ. 1ère, January 6, 1987, Société Pirelli: Recognizes the jurisdictional power of the arbitrator and affirms the authority of res judicata of the awards.

• Article 2(a) and Article 3(1) of European Directive 2001/29

• Decree No. 2014-1305 of October 23, 2014. It is explained that for any request made, " the silence kept for two months by the administrative authority on a request is considered a decision of acceptance ."