Overview

Commercial Law This book sets out the law and practice relating to arbitrations which take place in France or under French procedural law, and highlights, whilst considering the various stages of the arbitral process in chronological order, (from formation of the arbitration agreement to the making of the award), the differences in the rules applicable respectively to domestic and international arbitration. It describes how the national courts may be called upon to support the arbitrations, and explains the rules which they apply if they are asked to recognize or enforce an award made in France, or if such an award is challenged before them. Further, it is shown that French law is more advantageous to the party seeking recognition or enforcement in France of a foreign award than are the relevant provisions of the New York Convention 1958; the underlying reasons for this situation are explained, and cases are reviewed where an award, which has been annulled in its country of origin, was nevertheless enforced in France, comparisons being drawn with other legal systems. The primary objective of this book is to show that French Arbitration law sustains and promotes a modern and efficient system for the resolution of disputes which is outside but supported by the state courts. This publication examines and discusses why and within what limits French law permits arbitration to flourish side by side with litigation in the courts. Furthermore it informs how the arbitral process in France works and explains the salient features of both domestic and international arbitration and the principles of French arbitration law. These principles and the way in which they are applied are the topics dealt with by this book. They are divided into four parts: Part 1: The concept and scope of arbitration Part 2: The arbitral process Part 3: The arbitral process Part 4: Satisfaction of awards by processes of execution.

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9786610835683

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