10 Years on with French Arbitration Law Reform: Does the Judicial Control Frustrate or Facilitate the Enforcement of Arbitral Awards?

Margaret Liu, Yassine Sangare

Research output: Contribution to journalArticlepeer-review

Abstract

French arbitration law reform started since 2011 by Decree No 2011-48 to implement changes to the Civil Code of Procedure governing arbitration with the aims to enhance efficiency in the arbitral process and enforcement of arbitral awards to make French arbitration law more accessible to practitioners worldwide. Although the reform is a good step toward making French arbitration law more accessible, the recent decisions in Sorelec v. State of Libya demonstrated an increased willingness and a tendency for judicial control on arbitration. The findings indicate that although the Decree has a potential thrust to reinforce the pro-arbitration philosophy of French law with a court system that supporting the enforcement of arbitral awards, however, the reform does not prepare or consider the development of case law for future judgments in French arbitration law. The questions remain: To what extent is the Decree affecting the pro-enforcement approach of French arbitration? Has the Decree succeeded in preserving the delicate and complex balance between judicial assistance and interference in the arbitration context? This article critically assesses the extent to which the judicial control under the Decree facilitates the enforcement of arbitral award.
Original languageEnglish
Pages (from-to)29-50
Number of pages22
JournalInternational Arbitration Law Review
Volume26
Issue number1
Early online date25 Mar 2023
Publication statusE-pub ahead of print - 25 Mar 2023

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