International Arbitration

Paper Summary:

This paper explains that the French law of international arbitration clearly focuses on the importance of making arbitration as efficient as possible by avoiding unnecessary interference with domestic courts. French case law on international arbitration, the author relates, has proved very liberal in that it has repeatedly affirmed a general principle of autonomy of the arbitration clause, which has helped reinforce the role of the arbitrator through the "competence-competence" principle. Further, the paper investigates the principle of non-jurisdiction if there are no pending proceedings before an arbitral tribunal"manifest nullity" or "manifest inapplicability" of the arbitration clause. Sources are cited as footnotes instead of in a bibliography.

Table of Contents:
The Role of the Arbitrators
The Role of the Courts

From the Paper:

"However, French law provides for two exceptions to this principle of non-jurisdiction if there is no pending proceedings before an arbitral tribunal : "manifest nullity" or "manifest inapplicability" of the arbitration clause. Therefore, in order to invoke one of these exceptions, the judge will have to be satisfied that the obvious nullity or inapplicability results from a bare and quick analysis of the clause, which, in practice, will be rarely established."

Sample of Sources Used:

• Cass. Civ.1, 7 mai 1963, RCDIP 1963, 615, note Motulsky.
• US law has also adopted the doctrine of separability in the case of the Supreme Court of Prima Paint v. Conklin Mfg. Co., 388 U.S. 395 (1967).
• Dalico, Cass. civ.1, 20 dec. 1993, RCDIP 1994, 663 note Mayer.
• Cass. civ.1, 4 juillet 1972.
• Uni-Kod, Cass. civ.1, 30 mars 2004 which considered this reference to the intent of the parties as constituting "une regle materielle du droit de l'arbitrage international".

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