Arbitration is an old institution. The first arbitration proceedings appeared in France during the fairs of the XIII^th Century, where, to put an end to their disputes, tradesmen appointed arbitrators for the duration of the fair.

Frequently used in international trade (sea-borne transportation, trade and insurance), arbitration greatly interests companies due to its numerous advantages : proficiency of specialised arbitrators, awards swiftly rendered, acceptance of the awards by parties, confidentiality of the hearings…)

Many States have adopted laws favourable to Alternative Dispute Resolution (A.D.R.) proceedings such as mediation, conciliation, settlement arrived at by parties inter se or arbitration.

France is not behind in this evolution. Today, courts often propose a recourse to mediation.

But for parties in dispute, to choose between such a diversity of means is not simple. In addition, some means are not easily legible. Uncertainty is allowed between conciliation and mediation or between simple mediation and judicial mediation or between ad’hoc arbitration and institutional arbitration…

However, a previous decision is always required.

Two methods are to be described :

- the Informal Method includes mediation and negotiation. These methods are used to obtain agreements, and require the good will of both parties and the skill of the mediators.

- the Structural Method covers arbitration : arbitration proceedings remain under control of the Court, provides a cross-examination of the case and a final solution to the dispute by an award which is enforceable by the authorities.

The increased interest in arbitration prompted the Arbitration Chamber of Paris to request that the French Government, in 1999, proceed to reform the laws governing arbitration (The Arbitration Chamber of Paris had already been at the origin, in 1925, of the first reform of arbitration laws, which was named after the Deputy Louis LOUIS-DREYFUS).

This development of arbitration laws may give way to a simplification of the access conditions to arbitration, permitting individuals to resolve their disputes by arbitration, their interests being protected in case of inequality between the two parties (In industrial relations or consumer sales, for instance, an arbitration clause may be prohibited).

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Detailed presentation of the Institution

Examples of arbitration agreements and details of partnerships are proposed by the Arbitration Chamber of Paris to interested professionals or representative organisations.