The Arbitration Clause and State Immunity Under French Law

Abstract

State immunity is a complex and often decisive issue in international arbitration. It impacts not only the effectiveness of arbitral awards but also the efficiency of the international arbitration system. The lack of harmonized practice with respect to state immunity further complicates the issue. While some countries have adopted legislation regarding state immunity, others have left the task of developing the relevant rules to domestic judges. In France, this latter option has been largely preferred. To understand the French courts’ current position on this topic, the Creighton and Commisimpex decisions and their relationship to each other must be analyzed. These decisions will provide insights into the likely and desirable evolution of French law.