The New French Law on International Arbitration

Abstract

French international arbitration law achieved a higher pro-arbitration level with the new Decree No. 2011-48 of January 13, 2011. The new provisions come into force after May 1, 2011. This is the first comprehensive reform of French international arbitration law since the adoption of the pre-existing legal framework of 1981. French case law, which provided a well-structured basis for this decree, proposed numerous pragmatic solutions to problems encountered in international arbitration. This new decree codifies previous significant French case law while also providing novelties, innovations such as the possibility for the parties to waive by express agreement the annulment of the award any time they choose; the one-month time period after notification of the award to request annulment; the enforceability of the award notwithstanding an action to set aside or an appeal against an enforcement order.