Domestic Arbitration in France

Legal Framework

Domestic arbitration in France is governed by Articles 1442 to 1527 of the Code de procédure civile (CPC), as reformed by Decree No. 2011-48 of 13 January 2011. The law draws a clear distinction between domestic arbitration (arbitrage interne) and international arbitration (arbitrage international), with the domestic regime being more prescriptive and subject to greater court supervision. The fundamental principles of French arbitration law — party autonomy, competence-competence (compétence-compétence), and the separability of the arbitration agreement (autonomie de la clause compromissoire) — apply equally to both regimes, but the domestic framework imposes stricter formal and procedural requirements.

The Arbitration Agreement

Under Article 1443 CPC, a domestic arbitration agreement must be in writing, under penalty of nullity. The writing requirement may be satisfied by electronic means in accordance with the rules of the Code civil on electronic contracts. The arbitration agreement may take the form of a clause compromissoire (arbitration clause inserted into a contract to cover future disputes) or a compromis (submission agreement concluded after the dispute has arisen). For domestic arbitration, arbitration clauses are permitted only for disputes arising from commercial activities (actes de commerce) or in matters where the law expressly permits arbitration; consumer arbitration agreements are subject to specific restrictions under the Code de la consommation.

The principle of compétence-compétence (Article 1465 CPC) provides that the arbitral tribunal rules on its own jurisdiction. A party wishing to challenge the tribunal’s jurisdiction must do so before the tribunal itself before raising any substantive defence. The French courts will review the tribunal’s jurisdiction only after the award is rendered, unless the arbitration agreement is manifestly void.

Constitution of the Arbitral Tribunal

Domestic arbitration may be conducted by a sole arbitrator or by a panel of three arbitrators. The parties are free to agree on the method of appointment. In the absence of agreement, each party appoints one arbitrator, and the two co-arbitrators appoint the presiding arbitrator. If the tribunal cannot be constituted within the agreed period, the juge d’appui (support judge) at the Tribunal judiciaire (formerly the Tribunal de grande instance) has the power to make the necessary appointments.

The juge d’appui plays a crucial role in domestic arbitration, assisting with the constitution of the tribunal, the replacement of arbitrators, and procedural deadlocks. The support judge is designated by the president of the Tribunal judiciaire and acts in a non-contentious capacity. Arbitrators must be independent and impartial, and they have a duty to disclose any circumstances that might give rise to reasonable doubts as to their independence.

The Arbitral Proceedings

The arbitral tribunal determines the procedural rules, subject to any agreement of the parties and the mandatory requirements of due process. The tribunal must respect the principe de la contradiction (adversarial principle), ensuring that each party has an adequate opportunity to present its case and respond to the other party’s arguments. The procedural timetable is typically established in a procedural order after consultation with the parties.

French domestic arbitration is not subject to strict evidentiary rules. The tribunal may hear witnesses, appoint experts, and order the production of documents. Expert reports (expertises) are commonly used, particularly in technical disputes. The tribunal may also seek the assistance of the juge d’appui for evidentiary measures, including the référé-provision (interim payment order) and the référé-instruction (pre-trial evidentiary measures).

The Award

The arbitral award must be rendered by a majority of the arbitrators and must comply with the formal requirements of Articles 1481-1487 CPC. The award must state: (1) the full names of the parties and their representatives; (2) the names of the arbitrators; (3) the date of the award; (4) the place of arbitration; (5) the claims and arguments of the parties; and (6) the reasons for the decision. A reasoned award (motivé) is mandatory under French law. The award must be signed by all arbitrators, or by a majority with an indication that the dissenting arbitrator was unable to sign.

The award takes effect as a enforceable decision (force de chose jugée) from the date it is rendered. Enforcement requires an enforcement order (exequatur) issued by the Tribunal judiciaire in whose jurisdiction the award was rendered. The court’s review at the exequatur stage is limited to verifying that the award exists and that its enforcement would not be manifestly contrary to public policy.

Recours en Annulation (Setting-Aside Proceedings)

A domestic award may be challenged by way of an recours en annulation (setting-aside application) before the Court of Appeal of the jurisdiction where the award was rendered. The grounds for annulment are exhaustively listed in Article 1492 CPC: (1) the tribunal wrongly accepted or declined jurisdiction; (2) the tribunal was improperly constituted; (3) the tribunal ruled without complying with its mandate; (4) the adversarial principle was violated; (5) the award is contrary to French international public policy; or (6) the award fails to state reasons, fails to state a date, fails to name the arbitrators, or lacks the required signatures.

The appeal does not automatically stay enforcement. The appellant must apply to the first president of the Court of Appeal for a stay, demonstrating that enforcement would seriously prejudice its rights. If the annulment application is successful, the court may either refer the matter to a new arbitral tribunal or, if the defect can be cured, issue a partial annulment.

Expedited Proceedings

French domestic arbitration recognises expedited proceedings (procédure accélérée) for disputes requiring rapid resolution. The parties may agree to shortened time limits, a sole arbitrator, and a simplified procedure. The Centre d’Information sur le Règlement Amiable des Procès (CIRAP) provides guidance on expedited arbitration and assists parties in adapting arbitration clauses to the specific needs of domestic disputes. The Paris Arbitration Chamber (Centre de Médiation et d’Arbitrage de Paris) also offers expedited rules for domestic arbitration with a maximum duration of three months from the constitution of the tribunal.