Celebrating 20 years Indonesian Arbitration & ADR Law

The use of ICC Arbitration in

France
Olivier MONANGE – Partner

www.dsavocats.com
www.ds-savoirfaire.com

@DS_AVOCATS

Paris, Bordeaux, Lille, Lyon, Reunion, Barcelona, Brussels, Madrid, Milan, Stuttgart, Quebec, Montreal,Toronto, Vancouver, Ottawa, Buenos Aires, Lima, Santiago,
DS Avocats Beijing, Guangzhou, Shanghai, Ho Chi Minh City, Singapore, Dakar
Introduction to DS

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 Introduction to DS

RECOGNITION

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 Introduction to DS

Our motto:
« Savoir, Faire »

Expertise, ability : two words that sum

up our ethos

www.ds-savoirfaire.com

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 Introduction to DS

Certifications Accreditation
ISO 9001 Global Compact

DS Avocats is accredited by Cofrac as a

Third-party Independent Organization

Effinergie, NF HQE

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 Introduction

Introduction

France and Indonesia are far geographically but not so far legally speaking

• Civil law countries

• Napoleon Code

Both countries are member of the New York Convention (1958)

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 Arbitration in France

Why to go to France for arbitration?

France is one of the most arbitration friendly seats:

• Solid tradition of non judicial non interference

• Arbitration Law was reformed in 2011 (Code Civil Proceeding CCP)

Civil law culture and environment

ICC’s head office in Paris

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 France is arbitration friendly
(1)

No restriction for arbitration in France

Foreign arbitration institutions can administer cases seated in France

Free selection of arbitrators – No restriction to foreign arbitrators

No restriction to foreign lawyers to appear

Third party funding allowed

No compulsory rules of evidence

Cross examination allowed

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 France is arbitration friendly
(2)

French Arbitration Law favours party autonomy

= few mandatory rules

Separability of the arbitration agreement (CCP 1506 – 1447)

Equal treatment of the parties – due process (CCP 1510)

« Competence Competence » principle (CCP 1506 – 1448)

Obligation to act diligently and in good faith (CCP 1506 – 1464)

Compliance with the international public policy (CCP 1514)

Limitations of the grounds for setting aside an award (CCP 1520)

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 France is arbitration friendly
(3)

French courts don’t interfere with but act in

support of arbitration (« juge d’appui »)
Courts shall decline jurisdiction (CCP 1506 – 1448)

One designated judge: Chairman of the Paris High Court (TGI)

• Can appoint arbitrators in limited cases (CCP 1506 – 1452, 1453)

• Can order provisonal / conservatory measures if tribunal not yet

constituted (CCP 1506 – 1449)

• Can summon third parties to obtain evidence (CCP 1506 – 1449)

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 France is arbitration friendly
(4)

Enforcement of awards made abroad or in

international arbitration
Recognition if not « manifest, effective and concrete » violation of the
international public policy (CCP 1514 + case law)

Setting aside an order granting enforcement only if (CCP 1520):

(International Chamber of the Paris Appeal Court – CICCAP)

• Tribunal wrongly upheld or declined jurisdiction

• Tribunal not properly constituted

• Violation of due process

• Violation of international public policy 11

 Civil Law Culture (1)

Towards a more continental style ?

Growing critics against international arbitration
= too agressive, too heavy and too costly

Reasons due to strong anglo-american influence:

• adversarial style favors « guerilla tactics »
• full size discovery generates massive document production
• parties appointed experts can’t really deny the position of their « clients »
• thorough cross-examination of witnesses leads to long hearings

Prague Rules vs IBA Rules:

= more inquisitorial and less adversarial ?
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 Civil Law Culture (2)

Paris is the place for a more continental style

At least disputes between parties from civil law countries shall be arbitrated
in a more continental way.

Paris is « the » place:

• A good seat in a civil law country: Paris ranked among the safest seats

• A large choice of civil law arbitrators

• A very good institution: ICC

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 ICC (1)

ICC viewed by users

Reputation firmly established worldwide (world largest business organization)

Biggest track record in international arbitration

International presence: 2 case management teams in Asia (HK, SG)

International and professional teams

Reactivity

ICC counsels used to interact with Tribunals

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 ICC (2)

ICC viewed by users

All instruments of modern arbitration: emergency arbitrator, expedited
procedure, multiple parties, joinder, consolidation

Constant concern to shorten time: 6 months time limit for issuing the award

The Case Management Conference (art 24) and the Terms of Reference (art
23): a way to define the extent of the dispute and the claims

Scrutiny of the award (art 34): a guarantee of quality of the issued awards

General concern to reduce costs: decrease or increase the arbitrators fees as

a result of diligence and efficiency of the arbitrators
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 Conclusion

Get your arbitration in France!

A good seat

A good institution

A good law

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 monange@dsavocats.com

Thank you for your

attention !

About us: Follow us on:

DS Avocats @DS_AVOCATS
www.dsavocats.com

DS Savoir, Faire
www.ds-savoirfaire.com DS Avocats

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