French law of international commercial arbitration

Extract

[...] The First President of the Court of cassation praised Fouchard's expertise in private international law and international commercial arbitration, as well as his remarkable opinions, advice, and publications. Fouchard's contributions have had a significant impact on the international influence of French law. This book is used as a pedagogical tool with the main objective of providing students with a general understanding of the basic principles and concepts of French law of international commercial arbitration, its sources (statutes and regulations, specialists works and case law), and, further, its methods (the « substantive rules » method). [...]

[...] However, the French law of international "commercial" arbitration deviates from this approach and aligns itself more closely with comparative law. As a result, the French law of international commercial arbitration primarily focuses on the financial aspects of business law, particularly private relationships and occasionally public relation that involve professional economic transactions. While the parties involved in these transactions are typically companies, they can also be individuals or public corporations. "Arbitration": Arbitration is a method used to resolve disputes outside of the traditional court system. [...]

[...] Arbitration and other alternative dispute resolution processes: the place of arbitration within alternative dispute resolution processes requires additional consideration. Arbitration and other alternative dispute resolution methods can be used consecutively or simultaneously. For example, parties may agree to arbitration while engaged in conciliation, or they may reach a transaction during an ongoing arbitration. Consent to mediation does not necessarily mean waiving the right to arbitration unless expressly stated. However, confusion arises when dispute resolution clauses combine arbitration with other processes such as conciliation, expertise, or the involvement of a third party with decision-making powers. [...]

[...] This confusion can result from miscommunication or an intentional attempt to deprive a party of the adjudicative guarantees provided by arbitration. As a result, defining arbitration accurately poses conceptual and practical challenges. According to Professor Jarrosson, arbitration is the institution by which a third party granted judicial powers by the parties, resolves a dispute involving two or more parties. The adjudicatory nature of arbitration serves as a useful guide in addressing substantive or procedural difficulties that may arise. Contractual and adjudicatory aspects of arbitration: Arbitration combines contractual and adjudicatory elements. [...]

[...] The book will be published in both French and English to highlight the importance of English in the practice of international commercial arbitration. While it may be frustrating for French-speaking students to work with a language other than French, it is necessary when dealing with cases involving different languages and alphabets. Knowledge of English is crucial for students in French business law and is essential for success in international business and commercial arbitration law. The chosen method for translation is to closely link the English version to the original French version, with the French version taking precedence in cases of ambiguity or awkwardness. [...]