Arbitration
Challenging an international arbitration award: what remedies are available?
By Yasmine EDDAM4 April 2025The arbitration award has been made, putting an end, in principle, to the dispute between the parties. But what should you do if you believe that the award is seriously flawed or violates fundamental principles? Is this really the end of the procedural road? Although arbitration is aimed at finality and efficiency, French law nevertheless recognises the possibility of challenging an international arbitration award, but within a very strict framework and on limited grounds. It is never a question of retrying the case on its merits. This article sets out the various remedies available in France against international arbitration awards, distinguishing between awards made in France and those made abroad. The principle: limited remedies and no review of the merits The first rule to understand is fundamental: in international arbitration, there is no right of appeal that would allow a review of the merits of the...
International arbitration: how do the proceedings work?
Arbitration, Commercial, Business and Competition LawThe arbitral tribunal has been set up and the arbitrators have accepted their assignment. The organisational phase gives way to the heart of the process: the arbitration proceedings themselves. How does this "private hearing" of an international dispute work in practice? What are the rules governing the exchanges between the parties and the arbitrators?The international arbitral award: from drafting to enforcement
Arbitration, Commercial, Business and Competition LawAfter months, or even years, of exchanging briefs, producing documents and holding hearings, the arbitration process is coming to an end. The culmination of this process is the arbitral award, the decision by which the arbitral tribunal settles the dispute submitted to it. But what exactly is an award?...The international arbitration tribunal: how is it set up and what are its responsibilities?
Arbitration, Commercial, Business and Competition LawAt the heart of the arbitration procedure is the arbitral tribunal, made up of one or more persons responsible for settling the dispute. Often referred to as "private judges", these arbitrators do not derive their power from the State, but from the agreement signed by the parties. Who can take on this crucial role in...International arbitration agreement: what effects for the parties, judges and third parties?
Arbitration, Commercial, Business and Competition LawSigning an arbitration agreement, whether as a discreet clause in a lengthy contract or as a dedicated agreement after a dispute has arisen, is far from a trivial act. This commitment profoundly alters the legal landscape for the parties and can even have repercussions for players who were not previously involved in arbitration.Institutional or ad hoc arbitration: the key role of arbitration centres and the supporting judge
Arbitration, Commercial, Business and Competition LawChoosing international arbitration to settle a dispute is a decisive first step. But then a fundamental practical question arises: how will the procedure be organised in practice? Who will administer the process, appoint arbitrators in the event of disagreement, and manage the logistical and financial aspects?How does an arbitration procedure work in practice?
Arbitration, Commercial, Business and Competition LawYou have decided, either by a clause in your contract or by an agreement made after the dispute has arisen (the compromise), to refer your commercial dispute to arbitration. This is a decisive step. But what happens next? How does this private justice system work on a day-to-day basis? The idea of a less formal procedure than...Anticipating or settling a dispute: the arbitration agreement explained
Arbitration, Commercial, Business and Competition LawAs we saw in our previous article, commercial arbitration relies entirely on the will of the parties. Without their agreement to submit a dispute to private judges, the arbitration route remains closed. This fundamental agreement takes the form of an "arbitration agreement". But how do you actually agree to arbitrate?The limits of international arbitration: public policy and competition law
Arbitration, Commercial, Business and Competition LawInternational arbitration is attractive because of the freedom it offers the parties: freedom to choose their judges, the procedure, the applicable rules of law and so on. This flexibility is invaluable in the complex context of global trade. But is this autonomy of will boundless? Are there higher principles, mandatory rules...Is commercial arbitration an alternative to state justice for settling your disputes?
Arbitration, Commercial, Business and Competition LawCommercial relations, by their very nature dynamic and complex, can unfortunately generate disagreements. When a dispute arises, the prospect of lengthy, costly and public legal proceedings before the state courts can seem daunting, even detrimental to the smooth running of the business. The fact that the courts are often backlogged does not help matters, lengthening delays that can sometimes...Understanding international arbitration: the basics and the arbitration agreement
Arbitration, Commercial, Business and Competition LawThe development of commercial exchanges beyond national borders confronts companies with increased legal complexity. When a dispute arises with a foreign partner, turning to the national courts can be time-consuming, costly and sometimes unpredictable, not least because of conflicts of law or jurisdiction. This is where...The arbitration award: final decision and appeal procedures
Arbitration, Commercial, Business and Competition LawThe arbitration procedure is drawing to a close, the arguments have been exchanged, the evidence administered and the arbitral tribunal has made its decision: the award. This is the culmination of the process you chose to settle your commercial dispute. But what exactly is the scope of this decision? Is it...
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