Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-22T11:09:18.960Z Has data issue: false hasContentIssue false

4 - The Arbitration Clause Saga in French Law and the Emergence of a Special Regime for International Commercial Arbitration

from Part I - The Age of Aspirations

Published online by Cambridge University Press:  16 December 2021

Get access

Summary

While Chapter 3 sought to situate international commercial arbitration in the broader context of international adjudication, this chapter focuses on a specific context – that of France. It uses a key concept, the arbitration clause, to explore a wider set of attitudes toward international commercial arbitration that prevailed in the nineteenth and early twentieth centuries. The first part of this chapter explores the movement from renewal to anxiety in eighteenth- and nineteenth-century France – the largely pro-arbitration regime of the French Revolution and the current of hostility toward arbitration that emerged during the Consulate and the First Empire. The second part of this chapter explores the pendulum movement from anxiety to renewal in the late nineteenth and early twentieth centuries. This seminal period for arbitration saw French legislators recognize the validity of arbitration clauses in commercial contracts and create a special regime for international commercial arbitration. In short, this chapter is about the “saga” of the arbitration clause, which offers a unique means of exploring the dynamic of renewal and anxiety in the Age of Aspirations.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×