Arbitration is a method of resolving a dispute and is an alternative to court proceedings. An arbitrator is appointed, and the decision is legally binding.

Private arbitration is ruled by French civil code article 1442 and international arbitration is ruled by French civil code article 1504.

Choosing an arbitrator is free and their number is always odd (1,3,5…).

Arbitrators are appointed as follows:

• The parties appoint an arbitrator each and a third arbitrator is nominated and will lead the dispute.
• The parties choose to appoint an arbitrator between themselves or agree that a third party appoint an arbitrator.

A lawyer can be an arbitrator. There is no training to be an arbitrator.

With a mediation, the parties maintain control whereas in arbitration the judge or the arbitrator is in control of the process and makes the final decision.

Collaboration or collaborative law process is a hybrid between a divorce involving lawyers and divorce mediation but overall, collaboration pursues the same goals:

• Resolving an issue by the involved parties themselves and not by a third one.
• Parties will be more inclined to apply their solutions they have chosen themselves
• Long lasting solution: communication is key to addressing issues but also to prevent them in the future.
• Take everyone’s needs into account: Needs identified during mediation may differ from those presented in court. For instance, a parent might request joint custody in court, but the underlying need is to maintain regular contact with the child.
• Avoiding legal proceedings: a family law judge is about resolving issues most of the time but sometimes not.

Arbitration processes in the UK and France share common principles, but there can be differences due to legal traditions, practices, and specific regulations. Here are some general distinctions:

• Legal Framework:

UK: The UK has a well-established legal framework for arbitration, primarily governed by the Arbitration Act 1996. The law provides a modern and comprehensive set of rules for arbitration proceedings.

France: French arbitration law is largely based on the Code of Civil Procedure, with reforms introduced in recent years. The French system is influenced by both the UNCITRAL Model Law and European arbitration principles.

–    Arbitral Institutions:

UK: The London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb) are prominent institutions facilitating arbitration in the UK.

France: The International Chamber of Commerce (ICC) is headquartered in Paris and is one of the leading arbitral institutions globally. Additionally, France has its domestic institutions like the French Arbitration Association (AFD) and the Paris International Chamber of Arbitration (CCI).

• Arbitrator appointment:

UK: The parties often have more flexibility in choosing arbitrators, and there’s a tradition of party-appointed arbitrators.

France: The French system tends to involve more active court intervention in the arbitrator selection process, and there is a practice of party-appointed arbitrators, but the presiding arbitrator may be appointed by an institution or judicial authority.

• Court Involvement:

UK: The English courts generally adopt a pro-arbitration stance, with limited interference in arbitral proceedings.

France: French courts can play a more active role, particularly in matters such as arbitrator appointments, interim measures, and challenges to awards.

• Confidentiality:

UK: Arbitration proceedings are often confidential, and the Arbitration Act 1996 emphasizes the privacy of the process.

France: French law also supports the confidentiality of arbitration, but there are instances where court hearings may be public.

•  Appeal of Awards:

UK: Grounds for challenging or appealing arbitration awards are limited, in line with the pro-enforcement approach of the New York Convention.

France: French law allows a limited form of appeal on points of law, which is different from the more restrictive approach in some other jurisdictions.

It’s essential to note that these generalizations may not capture all nuances, and specifics can vary based on the parties’ agreements and the nature of the dispute. Additionally, both jurisdictions have experienced ongoing developments and reforms in their arbitration laws.

Our law firm can help you navigate throughout all jurisdictions.

Yes!

The decision is legally binding.

No!

To be enforceable the decision must be declared enforceable by the Court.

In France, “exequatur” refers to a legal procedure in which a foreign or local judgment is officially recognized and declared enforceable by a French court.

Essentially, it is the process by which a foreign or local court decision, particularly in civil and commercial matters, is given legal effect within the jurisdiction of France.

When a party wishes to enforce a foreign judgment in France, they typically need to obtain an exequatur from a French court. The exequatur confirms the validity and enforceability of the foreign decision in the French legal system. The court will review the foreign judgment to ensure that it complies with certain criteria, such as respecting fundamental principles of French public policy and being compatible with French law.

Once the exequatur is granted, the foreign judgment has the same force and effect as a domestic judgment, and the party seeking enforcement can take legal steps to execute the judgment in France.

It’s important to note that the exequatur process is a means of recognizing and enforcing foreign judgments in France and is distinct from the recognition of foreign arbitral awards, which follows a different legal framework.

An appeal against an arbitration award is possible within a month after the arbitration claim is served.

Please note that in France, parties can also reject an appeal within the arbitration agreement.

An appeal to invalidate the arbitration is possible in Court.

Also an arbitration award cannot be challenged in Supreme Court.

An arbitration decision can be served from 6 months up to a year depending on the complexity of the situation itself, various proceedings and the timeline.

The cost of an arbitration is settled within the agreement.