Looks at international arbitration (arbitrage international) from the perspective of the the French Code of Civil Procedure.
Written in 2009; 1,145 words; 11 sources; MLA; $ 39.95
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."
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