France has long been a leader in the development of arbitration law and practice. Recently, the French Ministry of Justice unveiled arbitration law changes, in Decree No. 2011-48 (“French Arbitration Law”).1 The new law codifies over 30 years of French procedural law and precedents related to arbitration. The new law maintains a liberal approach to arbitration, first developed in the French arbitration law in 1980.2 The revision makes French arbitration procedures more predictable and more attractive for international disputes. In 2010, France was chosen as the arbitration forum in 124 arbitration cases conducted pursuant to the rules of the International Chamber of Commerce (ICC).3 The hope is that the new law will bolster the French reputation as a leader in international arbitration and keep the headquarters of the ICC in Paris.4 This article briefly summarizes the new law, and identifies practical suggestions for parties and their counsel, in light of the new law (with a focus on international arbitration proceedings).

Overview of New Law

Although the new French Arbitration Law largely aims to codify established practices and precedents, it does include certain innovations. The new law, for example, lessens the formalism surrounding arbitration. Further, French law previously lacked an express provision on the confidentiality of international arbitration proceedings and awards. The new law expressly provides for the confidentiality of domestic arbitrations (unless the parties otherwise agree), but reverses the presumption of confidentiality in international cases (unless the parties otherwise agree). The new law also grants parties to arbitration recourse to a supervisory judge (“juge d’appui”) to assist in constituting the arbitral tribunal where the parties have not chosen “a person responsible for administering the arbitration.”5

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