Arbitration in France
Law and Practice
(Sprache: Englisch)
This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.
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This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.
Klappentext zu „Arbitration in France “
This is a much-needed reference work providing practitioners and academics with a detailed commentary on and analysis of the French Arbitration law and its application. After thirty years of case law on Book IV of the French Civil Procedure Code, one of the aims of the 2011 decree is to codify these decisions and render French law on arbitration even more readily accessible to foreign practitioners, which is in tune with the aim of this book. The guide covers both domestic and international arbitration, and provides the reader with a thorough analysis of the Decree's logic and objectives alongside an examination of pre-existing case law that remains relevant. The opening section introduces the history of arbitration in France; the legal theory, legislative policies, and sources of arbitration law in France; and the boundaries of arbitration, or arbitrability. The book then follows the structure of the 2011 Decree itself, making it easily accessible to the practitioner. The dualist approach, maintained in the new decree, which distinguishes between the procedure for domestic and international arbitration will continue to maintain the arbitration-friendly environment for which France is well-known. French arbitration law applies, to a greater or lesser extent, every time parties choose Paris as a seat of an ICC arbitration. It is also mandatory when parties from such an arbitration attempt to have the award set aside by the French courts, or where parties from anywhere in the world want to enforce an awards relating to assets on French territory in France. It is therefore of vital importance to any international practitioner and this book will make an indispensable companion to any practice in this area.
Inhaltsverzeichnis zu „Arbitration in France “
- I Arbitration in France
- A: History
- B: Legal Theory and Legislative Policies
- C: Clarifying Key Concepts
- D: The Boundaries of Arbitration: Arbitrability
- II Domestic Arbitration
- A: Arbitration Agreements (Art.1442-1449)
- B: The Arbitral Tribunal (Art.1450-1461)
- C: The proceedings before the arbitral tribunal (Art.1462-1477)
- D: The arbitral award (Art.1478-1486)
- E: Exequatur (Art.1487-1488)
- F: Challenges (Voies de recours) (Art.1489-1503)
- III International Arbitration (Treatise and Commentary Article by Article)
- A: Defining "International " Arbitration (Art.1504)
- B: The Juge d'appui (Art.1505)
- C: The Relationships between Domestic and International Regimes (Art.1506)
- D: Arbitration Agreements (Art.1507-1508)
- E: Arbitral Proceedings and Awards (Art.1509-1513)
- F: Recognition and Enforcement of Arbitral Awards Made Abroad or in France in International Matters (Art.1514-1517)
- G: Challenges (Voies de recours) (Art.1518-1527)
- IV Involvement of a State or of a Public Entity in French Arbitration Law
- A: Involvement's Impact on Arbitrability
- B: Involvement's Impact on Applicable Law (Procedure and Merits)
- C: Involvement's Impact on Recognition and Enforcement of Awards
- V International ICSID and Investment Arbitration in French Arbitration Law
- A: ICSID arbitration as a self-contained system: Principle and Exceptions
- B: OthAd hoc or Treaty-Based Investment Arbitration
Autoren-Porträt von Guido Carducci
Dr. Guido Carducci is a law professor in Paris (Maître de conférences and HDR), a visiting professor at the Universities of Miami and Rome (Luiss), and the former Chief of the Legal & Treaty Section (International Standards) at UNESCO Headquarters, where he acted also as mediator between Governments. He is currently also an attorney, a Chartered Arbitrator, FCIArb, Arbitrator and Conciliator in ICSID World Bank Panels and acts as independent arbitrator, legal expert and counsel in international arbitration and litigation. He holds Ph.D.s from the Universities of Paris II and Rome I, the Diploma from the Hague Academy of International Law, four LLMs (DEAs, Univ. Paris I and II), in addition to his Italian and French legal education. He works in five languages and has published two monographs and some thirty articles in international arbitration, private, economic and public international law, commercial law and conflict of laws, art and cultural property law. Bibliographische Angaben
- Autor: Guido Carducci
- 2025, 560 Seiten, Maße: 17,1 x 24,6 cm, Gebunden, Englisch
- Verlag: Oxford University Press
- ISBN-10: 0199676321
- ISBN-13: 9780199676323
Sprache:
Englisch
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