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France: International Arbitration Provisions Of Decree Amending Code Of Civil Procedure*

Published online by Cambridge University Press:  20 March 2017

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Type
Legislation and Regulations
Information
International Legal Materials , Volume 20 , Issue 4 , July 1981 , pp. 917 - 922
Copyright
Copyright © American Society of International Law 1981

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Footnotes

*

[Reproduced from the English translation and annotation of Messrs.W. Laurence Craig and Jan Paulsson, Coudert Freres , Paris , and Prof. William W. Park, Boston University School of Law. The official French text of Decree No. 81.500, amending the Code of Civil Procedure, appears in the Journal Official of the French Republic of May 14, 1981. The two title s on international arbitration , at pages 1402-03 of the Journal Official , have been translated .]

References

(b) The context makes clear that this refers to the lex arbitri (the law governing the proceedings) rather than thesubstantive law of the contract.

(c) Titles I-III set forth the rules applicable to domestic arbitration, and relate respectively to the arbitration agreement, t h e proceedings, and the award.

(d) Articles 1476 through 1479 set forth the general procedure (as opposed to substantive grounds for challenge) for recognition and enforcement of arbitral awards by French courts.

(e) Title IV sets forth the legal framework for challenge of a domestic arbitral award.

(f) Article 1487 makes clear that normal appellate procedure will be applicable to any action challenging an award.

(g) Article 1490 provides that the dismissal of a challenge automatically includes recognition of the award.