French International Arbitration Law Reports: 1963-2007
Author(s):
ISBN:
978-1-937518-37-0
Page Count:
592 pages
Published:
April, 2014
Jurisdictions:
The French law of international arbitration has a beginning (1963) and a culminating point (2007), but fortunately it does not have an ending. Indeed, it does not cease to evolve, to improve, to perfect itself. Thus it invites one to carefully observe it. But before undertaking this careful observation by annually identifying the most important decisions, as this collection has been doing since 2008, it is important to recall the origins of French law on international arbitration, how it was built, and in so doing, predict where it is heading. Looking into the past to anticipate the future, that is also the interest of a book like the present one.
This selection, necessarily subjective, is also shaped by the advantages that a retrospective look offers. The benefit of hindsight allows one to confidently distinguish between the decisions that deserve mention and those which did not make it into history. Only the former are printed in the following pages, but all of such decisions are included. Conversely, all decisions from 2008 onwards will be methodically published in the annual reports of this collection, of which two editions have already been released for the years 2008 and 2009.
Aimed for practitioners and academics alike, the knowledge of French case law is indispensable to understand international arbitration and its important influence around the world.
PDF of Title Page and T.O.C.
General Introduction
About the Editors
Table of Cases
Reported and Translated Cases
Index
Table of Cases
16. Cour de cassation, First Civil Chamber, 28 June 1989, Société Eurodif v Réplique Islamique d’Iran
26. Cour de cassation, First Civil Chamber, 25 May 1992, Société. Fougerolles v Société. Procofrance
About the Editors
Thomas Clay is Professor in International Arbitration Law at Versailles
University, and Director of its LLM in International Arbitration in
collaboration with the International Chamber of Commerce (ICC), the only
bilingual (French-English) program in international arbitration. He is also
Vice-President of the University, Managing Partner of Corpus Consultants
Law Firm, and former Dean of the Law School. Member of the French
Arbitration Committee and of the International Arbitration Institute and
other institutions, Professor Clay is the author of various books and articles
on arbitration, including “The Arbitrator”, a treatise on the duties and
obligations of arbitrators. He writes a regular column, Arbitration Law, in
the weekly legal journal Dalloz. He also participates in numerous
conferences throughout the world on international arbitration and has an
extensive practice in arbitration in French, Spanish, English and Italian,
collaborating with the ICC, other French institutions, the Milan Arbitration
Court, and in Africa and South America. Professor Clay is also a member
of the Jurisdiction of Professional Soccer League and Arbitrator in the
French Sport Arbitration Chamber. He was appointed by France to serve
as co-arbitrator in the first ICSID arbitration against that country.
Philippe Pinsolle is the Managing Partner of the Paris Office at Quinn
Emanuel Urquhart & Sullivan, and specializes in international arbitration.
He has been involved, as counsel or arbitrator, in more than two hundred
and fifty international arbitrations, both institutional (ICC, ICSID, LCIA,
SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as
investment, oil and gas, energy, telecom or the defense industry. Mr.
Pinsolle is a member of the Paris Bar and of the Bar of England & Wales
(Gray’s Inn). He is a lecturer on international arbitration at the
Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr.
Pinsolle is the former President of the International Arbitration
commission of the Union Internationale des Avocats (UIA) and a cofounder
of the Young Arbitration Practitioners (YAP). He is the author of
numerous articles and case-notes on international arbitration and holds a
J.D. degree from the University Panthéon-Assas (Paris II), a M.Jur. from
Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Voisin is a Partner in Quinn Emanuel Urquhart & Sullivan’s
Paris Office. He has advised on numerous commercial and investor-State
arbitrations. He is a member of the Paris Bar. He graduated from the
University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford
University.
"A superb research tool for arbitration practitioners and scholars alike."
--William (Rusty) Park, Professor of Law at Boston University. Professor Park is a Member of the International Council for Commercial Arbitration (ICCA) and the American Arbitration Association Board of Directors, and a Fellow of both the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. He is currently President of the LCIA.
"French case law has played a central role in the development of international arbitration. This book enables non-French speakers to access it directly. As such, it is an essential tool for all lawyers who are engaged in the practice of international arbitration."
--Professor Bernard Hanotiau, member of the Brussels and Paris bars. He concentrates on international arbitration and litigation. He is Professor at the Law School of Louvain University where he teaches international arbitration. Mr. Hanotiau is a Member of the Council of the ICC Institute and of the ICC International Arbitration Commission. He is also Vice-President of the LCIA Court and of CEPANI (Belgian Arbitration Center.
"This is a most welcome publication giving access to international arbitration practitioners to follow, keep up-to-date and trace and read important decisions of the French courts affecting arbitration."
--Julian Lew, QC has been involved with international arbitration for more than 30 years as counsel and as an. He is the UK member of the International Court of Arbitration of the International Chamber of Commerce (ICC), and Head of the School of International Arbitration, Queen Mary University of London.
Author/Editor Detail:
About the Editors
Thomas Clay is Professor in International Arbitration Law at Versailles
University, and Director of its LLM in International Arbitration in
collaboration with the International Chamber of Commerce (ICC), the only
bilingual (French-English) program in international arbitration. He is also
Vice-President of the University, Managing Partner of Corpus Consultants
Law Firm, and former Dean of the Law School. Member of the French
Arbitration Committee and of the International Arbitration Institute and
other institutions, Professor Clay is the author of various books and articles
on arbitration, including “The Arbitrator”, a treatise on the duties and
obligations of arbitrators. He writes a regular column, Arbitration Law, in
the weekly legal journal Dalloz. He also participates in numerous
conferences throughout the world on international arbitration and has an
extensive practice in arbitration in French, Spanish, English and Italian,
collaborating with the ICC, other French institutions, the Milan Arbitration
Court, and in Africa and South America. Professor Clay is also a member
of the Jurisdiction of Professional Soccer League and Arbitrator in the
French Sport Arbitration Chamber. He was appointed by France to serve
as co-arbitrator in the first ICSID arbitration against that country.
Philippe Pinsolle is the Managing Partner of the Paris Office at Quinn
Emanuel Urquhart & Sullivan, and specializes in international arbitration.
He has been involved, as counsel or arbitrator, in more than two hundred
and fifty international arbitrations, both institutional (ICC, ICSID, LCIA,
SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as
investment, oil and gas, energy, telecom or the defense industry. Mr.
Pinsolle is a member of the Paris Bar and of the Bar of England & Wales
(Gray’s Inn). He is a lecturer on international arbitration at the
Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr.
Pinsolle is the former President of the International Arbitration
commission of the Union Internationale des Avocats (UIA) and a cofounder
of the Young Arbitration Practitioners (YAP). He is the author of
numerous articles and case-notes on international arbitration and holds a
J.D. degree from the University Panthéon-Assas (Paris II), a M.Jur. from
Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Voisin is a Partner in Quinn Emanuel Urquhart & Sullivan’s
Paris Office. He has advised on numerous commercial and investor-State
arbitrations. He is a member of the Paris Bar. He graduated from the
University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford
University.
Reviews:
"A superb research tool for arbitration practitioners and scholars alike."
--William (Rusty) Park, Professor of Law at Boston University. Professor Park is a Member of the International Council for Commercial Arbitration (ICCA) and the American Arbitration Association Board of Directors, and a Fellow of both the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. He is currently President of the LCIA.
"French case law has played a central role in the development of international arbitration. This book enables non-French speakers to access it directly. As such, it is an essential tool for all lawyers who are engaged in the practice of international arbitration."
--Professor Bernard Hanotiau, member of the Brussels and Paris bars. He concentrates on international arbitration and litigation. He is Professor at the Law School of Louvain University where he teaches international arbitration. Mr. Hanotiau is a Member of the Council of the ICC Institute and of the ICC International Arbitration Commission. He is also Vice-President of the LCIA Court and of CEPANI (Belgian Arbitration Center.
"This is a most welcome publication giving access to international arbitration practitioners to follow, keep up-to-date and trace and read important decisions of the French courts affecting arbitration."
--Julian Lew, QC has been involved with international arbitration for more than 30 years as counsel and as an. He is the UK member of the International Court of Arbitration of the International Chamber of Commerce (ICC), and Head of the School of International Arbitration, Queen Mary University of London.
Table of Contents:
PDF of Title Page and T.O.C.
General Introduction
About the Editors
Table of Cases
Reported and Translated Cases
Index
Table of Cases
16. Cour de cassation, First Civil Chamber, 28 June 1989, Société Eurodif v Réplique Islamique d’Iran
26. Cour de cassation, First Civil Chamber, 25 May 1992, Société. Fougerolles v Société. Procofrance