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LAWS GOVERNING ARBITRATION
The
flexibility, simplicity and swiftness, that parties attribute to
the arbitral process must not hide conditions of form or substance
imposed by legislation, under the risk of annulment, due to the
arbitration clause, the organization of the procedure or the debate
or furthermore the effectiveness of the awards.
French Arbitration Laws are
to be found in three separate Codes. Prohibited by the Civil
Code, arbitration is allowed by the Code
of Commerce and organised by the New
Code of Civil Procedure (N.C.P.C).
The
Arbitration Chamber of Paris had asked the French Garde des Sceaux
(Ministry of Justice) to edict laws more legible and less restrictive
towards a dispute resolution method, which is satisfactory to many
companies.
INTERNATIONAL
CONVENTIONS
At International Law level,
the main conventions applied to arbitration are the Convention
on the recognition and enforcement of foreign awards (New
York, 1958) and the European
Convention on International Commercial Arbitration (Geneva, 1961). France has ratified both.
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