France Modernises Its Arbitration Law: What Does Decree No. 2026-741 Change?

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THE AUTHORS:
Simon Le Wita, Partner at Charles Russell Speechlys LLP
Eva Gibouin, Associate at Charles Russell Speechlys LLP

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Fifteen years after the landmark Decree No. 2011-48 of 13 January 2011, Book IV of the French Code of Civil Procedure (“CCP”) has been substantially amended by Decree No. 2026-741 of 6 August 2026, published in the Journal officiel on 7 August 2026 (the “2026 Decree”) and entering into force on 1 January 2027. It is the first phase of a broader reform process announced by the French Government following the report of the working group co-chaired by François Ancel and Professor Thomas Clay.

Main Features of the 2026 Decree

The Principle of Compétence-Compétence

The amended Article 1448 of the CCP clarifies the negative effect of the compétence-compétence principle. A State court seized of a dispute falling within the scope of an arbitration agreement must now decline jurisdiction unless both of the following conditions are met:

• The arbitral tribunal has not yet been seized; and
• the arbitration agreement is manifestly void or manifestly inapplicable.

The assessment of whether the arbitral tribunal has been seized is conducted on the date on which the dispute is brought before the State court. Importantly, Article 1448 also provides that the parties may now derogate from the negative effect of the compétence-compétence principle, provided that any such contrary stipulation is express and unequivocal.

Arbitration Centres

The 2026 Decree updates the terminology of the CCP by referring expressly to an “arbitration centre” (centre d’arbitrage) in Articles 1450, 1452 to 1454, 1456, and 1457. This change largely formalises the role already played by arbitral institutions in practice, without materially altering their existing functions.

Multi-Contract Arbitration

New Article 1462-1 introduces a statutory framework for the submission of claims arising out of several contracts in a single arbitration. The mechanism operates in two stages:

• Where the applicable arbitration rules provide for multi-contract proceedings, such proceedings take place in accordance with those rules;
• Where the applicable arbitration rules do not provide for multi-contract proceedings, or in ad hoc arbitration, such proceedings are permitted provided that the arbitration agreements are compatible and no party objects.

This is a welcome clarification for complex, multi-contract disputes, bringing the Code into line with the arbitration rules of many institutions.

Conduct of Proceedings

Article 1464 now provides that the parties and the arbitrators must endeavour to adapt the arbitral procedure to the complexity and stakes of the dispute. This codifies the principle of procedural proportionality, with practical implications for the cost and time efficiency of arbitral proceedings seated in France.

Supporting Judge (juge d’appui)

The 2026 Decree significantly expands the role of the juge d’appui:

• Article 1468 now allows a party to apply to the juge d’appui for provisional enforceability of an interim or conservatory measure ordered by the arbitral tribunal. The application must be granted unless enforcement would cause serious prejudice to the rights of one of the parties or would be contrary to public policy.
• Article 1469 transfers to the juge d’appui the jurisdiction previously exercised by the President of the tribunal judiciaire in respect of third-party document production. Article 1505 is supplemented with a new ground extending the competence of the juge d’appui to international arbitration for the production of an official copy, a deed or a document held by a third party residing in France.

Periodic Penalty Payment (astreinte)

Pursuant to new Article 1468-1, an arbitral tribunal is empowered to quantify an astreinte it has previously ordered, provided that it remains seized of the dispute. Article 1468-1 provides that the tribunal quantifies the astreinte “by an award” (see new Article 1478 below for the definition of an arbitral award).

Awards and Recognition

Several provisions modernise the regime of the arbitral award:

• New Article 1478 adopts the case-law definition of an arbitral award as the instrument by which the tribunal finally disposes, in whole or in part, of the dispute submitted to it, whether on jurisdiction, on a procedural ground capable of bringing the proceedings to an end, or on the merits.
• Articles 1480-1 and 1480-2 now expressly permit electronic awards, provided their integrity and preservation are guaranteed, and confirm that they may be granted exequatur. Under the amended Article 1487, exequatur may be sought by producing a copy of the award — whether in paper or electronic form — and of the arbitration agreement, provided that they meet the applicable conditions of authenticity.
• Articles 1487-1 and 1516-1 introduce standalone procedures for the recognition of both domestic and international awards, as a distinct mechanism from proceedings to seek leave to enforce an award (exequatur). The practical significance of recognition, as distinct from exequatur, is that it confers res judicata effect on the award in France without requiring it to be enforceable. This allows a party to rely on the award in other proceedings, for example to establish a claim in insolvency proceedings.
• Articles 1488 and 1517 further require that any refusal of recognition or exequatur be reasoned.

Domestic Arbitration

The 2026 Decree brings domestic arbitration significantly closer to the regime applicable to international arbitration. Three changes stand out:

• Pursuant to new Article 1496, appeals and applications for setting aside domestic awards will no longer have suspensive effect. Under new Article 1497, the First President of the Court of Appeal or, once seized, the conseiller de la mise en état may nevertheless suspend enforcement where enforcement is likely to cause serious prejudice to the rights of one of the parties.
• The 2026 Decree restricts the circumstances in which a Court of Appeal that has set aside an award may determine the merits of the dispute. The new Article 1493 now provides that, unless the parties agree otherwise, where the court set aside the award for a reason other than the tribunal’s jurisdiction, it may rule on the merits within the limits of the arbitrator’s mission. Conversely, where setting aside is based on a finding as to the tribunal’s jurisdiction, the Court of Appeal may no longer determine the merits.
• A corresponding amendment is made to Article 1526 for international arbitration: the former power to “stay or adjust” (arrêter ou aménager) enforcement is replaced by a power solely to suspend enforcement, by an order that is not subject to appeal.

International Arbitration

New Article 1504 now defines arbitration as international where it involves “international economic interests”, replacing the former, narrower reference to the “interests of international trade”. This brings the statutory language into line with the reality of modern arbitration, which extends well beyond purely commercial disputes.

The 2026 Decree also introduces five new provisions (Articles 1527-1 to 1527-5) establishing a dedicated procedural framework for proceedings before the Court of Appeal in matters relating to international arbitration and foreign arbitral awards, including:

• Article 1527-3: parties may submit exhibits in a foreign language without translation, unless the Court orders otherwise;
• Article 1527-4: the Court may authorise parties, witnesses, experts, and counsel to address it in a language other than French;
• Article 1527-5: hearings are public unless the Court orders that they be held in chambre du conseil (i.e. in closed session). At the request of the parties, or of any one of them, the Court may adapt the form of the reasoning in its decision and the conditions under which the decision is made public, so as to preserve the confidentiality of the arbitration.

Entry Into Force and Transitional Rules

The 2026 Decree enters into force on 1 January 2027 and applies according to the following transitional rules:

• Provisions relating to the arbitration agreement and the definition of international arbitration: applicable to arbitration agreements concluded after 1 January 2027.
• Provisions relating to the arbitral tribunal and arbitral proceedings: applicable to arbitral tribunals constituted after 1 January 2027.
• Provisions relating to arbitral awards, exequatur, recognition, and set-aside proceedings: applicable to arbitral awards rendered after 1 January 2027.

What Does This Mean for Arbitration Practitioners?

The 2026 Decree does not fundamentally alter France’s approach to arbitration: it represents a targeted modernisation of Book IV of the Code of Civil Procedure. Its importance lies in bringing a number of procedural rules into line with developments in arbitral practice and in clarifying the role of the French courts in support of arbitration.

For practitioners, the key takeaways are greater procedural flexibility, stronger judicial support through the expanded powers of the juge d’appui, greater legal certainty resulting from the statutory definition of the arbitral award and standalone recognition procedures, and enhanced party autonomy.

The 2026 reform modernises the existing framework without altering its underlying architecture. Broader questions concerning the future structure of French arbitration law — including the creation of a standalone Arbitration Code — remain open and may be addressed in subsequent stages of reform.

For now, the 2026 Decree constitutes a significant step in ensuring that French arbitration law remains aligned with the realities and expectations of modern arbitral practice.

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ABOUT THE AUTHORS

Simon Le Wita is a Partner in the Litigation and Dispute Resolution team in Paris. He advises French and international clients on complex commercial, banking and financial disputes, international arbitration, insolvency and restructuring matters. He has extensive experience acting for corporates, financial institutions and investors in high-stakes cross-border litigation and arbitration, including shareholder and post-acquisition disputes, enforcement and asset recovery proceedings. Recognised for his expertise in French-speaking Africa, Simon regularly advises clients with interests across the continent and is a member of the firm’s Africa working group.

Eva Gibouin is an Associate in the Litigation and Dispute Resolution team in Paris, specialising in international arbitration and commercial litigation. She advises clients on complex cross-border disputes, with experience spanning commercial arbitration, investment arbitration and court proceedings. Prior to joining the firm, she worked as a senior financial consultant focused on the quantification of damages in international litigation and arbitration matters, providing her with a distinctive combination of legal and financial expertise. She is admitted to the Paris Bar and supports French and international clients across a broad range of contentious matters.

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*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.