Chapter I - International arbitration

difference between arbitration an litigation before State court ?

arbitrators ≠ judges appointed by the State + at the consent of the parties

advantages of arbitration

confidentiality + time/availability + no appeal

exequatur order

authorisation required to enforce arbitral award, given bu bailiff (commissaire de justice)

New York convention of June 10 1958 on the recognition of foreign awards

international treaty signed by 1972 countries = degree of uniformisation of the rules governing foreign arbitral awards

article V of the 1958 conv

establishes set of grounds that may justify a refusal of enforcement

article VII of the 1958 conv

no contracting state can be more demanding that what is provided for in the convention → however, a contracting state may be less demanding

Case Galakis, Civ 1, May 2 1966

new rule: the prohibition of arbitration in french law only applies domestically, not to international contracts

the arbitral award has res judicata effect

autorité de la chose jugée

submission agreement (compromis d’arbitrage)

an arbitration agreement concluded after the dispute has arisen

advantage of the applicable law to proceedings

parties can adapt the proceedings (i.e. rules that govern the arbitration) → free to determine the applicable rules as long as the quality b/w the parties is enforced and due process is respected

art 1509 CPC

an arbitration agreement may define the procedure to be followed in the arbitral proceedings, directly or by reference to arbitration rules or to procedural rules

art 1511 CPC

the arbitral tribunal shall decide the dispute in accordance with the rueles of law chosen by the parties or, where no such choice has been made, in accordance with the rules of law it considers appropriate

art 1527-5 ( → decree Aug. 2026)

when the award is challenged, the existence of the dispute becomes known

nomination ≠ appointment or arbitror

by the parties ≠ by the center

art II 1. of 1958 conv

system to allow contracting states to accept more liberal solutions

art VII 1. of 1958 conv

any award creditor that is seeking the recognition or enforcement in France of an award has a right to avail himself of the more favorable provisions of French law

principe “compétence compétence” (arts 2 and 5 of 1961 Geneva conv on international commercial arbitration)

any court has the power to decide their own jurisdiction → any arbitral tribunal should have the power to assess its own jurisdiction

art II of 1961 geneva conv

right for legal persons of publoc to resort to arbitration → possible for states to enter an arbitration agreement

art 6 p. 1 CEDH

right to equal trial

the European Convention on Human Rights (ECHR) as an arbitral source

any state court needs to make sure that the convention is not violated

ECHR, oct 28 2010, SUDA w/ Czzech Rep

an arbitral tribunal constitutes one mean of access to justice w/in the meaning of art 6 provided that the waiver of the right to a state cort is free, lawful and unequivocal