FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe and Céline Serpagli, Kiejman & Marembert
The judge also has the power to summon parties to a conciliation hearing to be held by another judge. The hearing enables a judge other than the one assigned to the dispute to assist the parties in reaching an ami- cable resolution within a confidential framework, play- ing a more proactive role in facilitating the process. However, the parties are only required to be physi- cally present, with no real obligation to reach a final and binding agreement. If the parties fail to reach an agreement, they must return to the original judge. 12.3 ADR Institutions Several organisations with a particular focus on ADR have been established since the 1980s, including the Institut Français de la Médiation , which was launched in 2007, as well as professional training organisations for mediators, labour unions and professional net- works. The government has also established a number of specific mediation institutions that work in a variety of fields, including both public and private ones. The most successful is the Médiateur des Entreprises , a national service reporting to the Ministry of Economic and Financial Affairs that was created in 2010 to help companies solve their disputes with clients or suppli- ers. According to a 2025 report, its mediation depart- ment handled more than 1,900 cases in 2024, with a high success rate. A Law of 22 December 2021 titled “Confidence in the judicial system” created a National Mediation Council. Its mission is to provide advice in the field of mediation and to propose to the public authorities any measures to improve it.
The arbitration process can be conducted either on an ad hoc basis or under the auspices of an arbitral institution (such as the ICC). Arbitration procedures are greatly influenced by the will of the parties, as specified in arbitration clauses (before a dispute aris- es) or compromises (after a dispute has arisen). There is often a purely residual nature to the sets of laws governing arbitration procedures. The applicable body of rules may depend on the purpose of the arbitration. There are international arbitrations “involving the inter- est of international trade”, as well as domestic arbitra- tions. In any event, the due process of law, adversarial principle, rights of defence and equality of arms must govern the arbitration process. In April 2025, the Ministry of Justice announced the creation of an arbitration code, planned for autumn 2026, the main purpose of which will be to increase the flexibility and effectiveness of arbitration rules, and to better protect weaker parties. 13.2 Subject Matters Not Referred to Arbitration Disputes relating to persons’ capacity and status, divorce, judicial separation and any litigation involv- ing public institutions or public order issues cannot be settled through arbitration. 13.3 Circumstances to Challenge an Arbitral Award There are several judicial remedies available to chal- lenge an arbitration award. Appeals on the merits are restricted to domestic awards if such an appeal has been specified by the parties. Annulment appeals are available in any case when: • the arbitral tribunal wrongly upheld or declined jurisdiction; • the arbitral tribunal was not properly constituted; • the arbitral tribunal ruled without complying with the mandate conferred upon it; • the adversarial principle was violated; • recognition or enforcement of the award violates domestic or international public order; or • (for domestic arbitration only) the reasons for the decision are not stated, or the award date or
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
France is a major centre of arbitration, with the Inter- national Chamber of Commerce (ICC) and the Inter- national Court of Arbitration being located in Paris. The latest version of the ICC Arbitration Rules was published in 2021.
345 CHAMBERS.COM
Powered by FlippingBook