{"id":287233,"date":"2025-08-20T16:00:00","date_gmt":"2025-08-20T14:00:00","guid":{"rendered":"https:\/\/dailyjus.com\/?p=287233"},"modified":"2025-08-21T11:10:02","modified_gmt":"2025-08-21T09:10:02","slug":"reform-of-french-arbitration-law","status":"publish","type":"post","link":"https:\/\/dailyjus.com\/index.php\/2025\/08\/20\/reform-of-french-arbitration-law\/","title":{"rendered":"Reform of French Arbitration Law"},"content":{"rendered":"\n

International Arbitration Newsletter <\/strong>
First Semester 2025 <\/strong><\/h1>\n\n\n\n
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THE AUTHORS<\/strong>:
Eglantine Canale Jamet<\/a><\/strong>, Associate at Sygna Partners<\/a><\/strong>
Dayane Darwich<\/strong>, Jurist and Trainee Lawyer at Sygna Partners<\/a><\/strong>
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As a leading Paris-based firm in international law and dispute resolution, <\/em>Sygna Partners<\/a><\/em><\/strong> brings its legal insight to <\/em>Daily Jus<\/em><\/strong>. Through this collaboration<\/a>, we feature select articles from Sygna\u2019s biannual International Arbitration Newsletter, offering sharp analysis of key French court decisions and their broader relevance to the global arbitration community.<\/em><\/p>\n<\/blockquote>\n\n\n\n

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On\u202f8\u202fApril\u202f2025, French Minister of Justice G\u00e9rald\u202fDarmanin<\/strong> unveiled a reform of French arbitration law, hoping to forge consensus by autumn\u202f2025. A Working Group set up in November\u202f2024 and co\u2011chaired by Fran\u00e7ois\u202fAncel<\/strong> (Cour\u202fde\u202fcassation) and Professor\u202fThomas\u202fClay<\/a> <\/strong>outlined a three\u2011part plan: targeted regulatory tweaks, a consultation cycle with practitioners and academics, and full codification in autumn\u202f2026. Its French\u2011language report is online<\/a>.<\/p>\n\n\n\n

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Global Trends and National Choices: France\u2019s Unique Embrace of Arbitral Autonomy<\/strong><\/h2>\n\n\n\n

This initiative takes place within a broader context of intensifying competition among leading arbitration centres, with the UK having recently enacted the new Arbitration Act 2025<\/a>. This reform, introduced 30 years after the Arbitration Act 1996, addresses all phases of arbitration, from the arbitration agreement through to the enforcement of the award. However, the reform of English arbitration law does not adhere to the same underlying philosophy as that of French practice: whereas France promotes the autonomy of arbitration, viewing it as detached from national legal systems and granting it substantive independence, the United Kingdom takes a more territorial approach, anchoring arbitration more firmly within its domestic legal framework.<\/p>\n\n\n\n

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Towards a Dedicated French Arbitration Code and a Common Regime<\/strong><\/h2>\n\n\n\n

First, the Working Group proposes that the Ministry of Justice adopt a standalone Arbitration Code, which is reproduced as an appendix to its report. While the current body of codified French arbitration law is primarily located in Articles 1442 to 1527 of the Code of Civil Procedure<\/a>, important provisions are also found in the Civil Code, Commercial Code, Consumer Code and Code of Administrative Justice. Consolidating these provisions into a single, user-friendly code is expected to enhance legal accessibility and strengthen France<\/a>\u2019s appeal as a seat for international arbitration. The report\u2019s second key proposal follows logically. Although the Code of Civil Procedure currently distinguishes between domestic and international arbitration, the Working Group advocates for a unified core regime inspired by international arbitration law, complemented by a limited set of specific rules. The draft Code therefore sets out general provisions applicable to both domestic and international arbitration, with targeted exceptions (e.g., Article 3, which precludes reliance on domestic law to challenge arbitrability), prior to addressing areas such as family, labour and consumer disputes.<\/p>\n\n\n\n

Several proposed innovations aim to enhance flexibility, procedural protection, and efficiency. For instance, the written form would no longer be required for domestic arbitration agreements. Furthermore, electronic awards would be enforceable if their authenticity and integrity are ensured, and the limitation period for annulment would commence upon delivery of the award by the arbitral tribunal, rather than from formal service.<\/p>\n\n\n\n

Additional safeguards are introduced: <\/p>\n\n\n\n