Georgetown University Law Center
Resolution of a dispute arising under an international commercial contract frequently has been plagued with uncertainty regarding applicable substantive and procedural law. These problems are not necessarily solved by the presence of an arbitration clause in the contract. In the absence of a clearly defined arbitral system, the parties can not be certain of the rules regarding the arbitral procedure or the recognition and enforcement of arbitral awards. By enacting a decree that specifically applies to international commercial arbitration, France has recently taken a major step toward resolving the uncertainties surrounding the resolution of international commercial disputes. The authors analyze the 1981 Decree and explain its implications for arbitration of international commercial disputes in France.
W. L. Craig, William Park & Jan Paulsson,
French Codification of a Legal Framework for International Commercial Arbitration
Law & Policy in International Business
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2507