Abstract

The principle of validity of the international arbitration agreement is regularly used by the French judiciary. This principle means that an arbitration agreement is generally valid, save for a violation of international public policy. Even though contested by some scholars, this principle properly reflects the French understanding of the law of international arbitration: a law entirely devoted to favouring private justice. It is, in this sense, a ‘dynamic’ principle. It appears to this author perfectly justified, although it necessarily needs to be limited where a weak party is interested.

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