Arbitration in France: An Overview

International disputes are frequently administered by the International Chamber of Commerce (ICC), headquartered in Paris.. For domestic disputes or those with a peripheral international aspect, parties often opt for the Centre de Médiation et d’Arbitrage de Paris or, for commodities and trade disputes, the Chambre Arbitrale Internationale de Paris.

Mandatory provisions of the statutory framework include the equality of the parties in the appointment of arbitrators, the right to a fair hearing, the independence and impartiality of arbitrators, and the competence-competence principle. Parties retain significant discretion over procedural aspects, including arbitrator selection, substantive law, confidentiality, and evidentiary rules. This flexibility allows parties to craft a dispute resolution process that aligns with their business needs and industry standards.

In French arbitration, the burden of proof rests on the party asserting the facts to support their claims or defences. Unlike common law jurisdictions, France does not impose broad disclosure obligations. Instead, parties are expected to present only the documents relied upon. Arbitrators have a significant discretion to manage evidence production and can order the disclosure of relevant documents when necessary.

Privilege is governed by stringent statutory rules protecting secret professionnel, "professional secrecy", a requirement on registered lawyers to safeguard confidential client-attorney communications. However, this protection may be overridden in the case of a document which reveals criminal activity.

Both witness and expert evidence play significant roles in French arbitration, though documentary evidence traditionally holds more weight than witness testimony. Arbitrators have considerable leeway to determine the relevance, materiality and weight of witness testimony. Expert evidence is highly regulated, with an emphasis on impartiality and thoroughness of investigation. Single joint experts are used frequently, at the parties' discretion.

As a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), enforcing an arbitral award in France is generally straightforward and efficient, thanks to the country's favourable attitude towards arbitration and adherence to international norms. Courts in France take a pro-enforcement stance, and rarely refuse enforcement unless fundamental legal principles are at stake (e.g. breach of due process, invalid arbitration agreements, or breaches of French public policy). Therefore, parties choosing France for arbitration benefit from a legal system which prioritises the enforceability of awards across borders.

Grounds for appeal before the French courts are extremely restricted. Domestic arbitral awards can only be appealed if parties explicitly agree, which is uncommon. Otherwise, the finality of the award is assumed. Annulment proceedings, available for both domestic and international arbitral awards, are limited to narrow grounds such as lack of valid arbitration agreement, improper constitution of the tribunal, due process violation, the tribunal exceeding its mandate or breach of public policy. French courts interpret public policy restrictively, further reinforcing arbitration’s stability.