The last french reform in arbitration

Abstract

The Author examines the new French law on arbitration, which is set out in a decree dated January 13th, 2011 and came into force on May 1st, 2011. The reform of 2011 does not bring any radical change to the main orientations of the decrees of 1980 and 1981, in particular by incorporting a number of solutions inspired by case law. The distinction between domestic and international arbitration has been maintained. The liberal spirit which has provided vitality to French law of international arbitration has been preserved and developed. However, with the aim of clarifying certain provisions and to modify prior solutions to strengthen the efficiency of arbitration, the new law constitutes a revision of the rules that are applicable to the arbitration agreement, the arbitral proceedings, the award, the recognition and enforcement or the procedures for challenge and appeal.