Arbitration in France Law and Practice

by Carducci, Guido

• ISBN13: 9780199676323
• ISBN10: 0199676321
• Format: Hardcover
• Copyright: 2024-09-06
• Publisher: Oxford University Press

Author Biography

Guido Carducci, Dr. Guido Carducci is a law professor in Paris (MC, HDR), the former Chief of the Legal & Treaty Section at UNESCO Headquarters, and an independent arbitrator.

Dr. Guido Carducci is a law professor in Paris (Maitre de conferences and HDR), a visiting professor at the Universities of Miami and Rome (Luiss), and the former Chief of the Legal & Treaty Section (International Standards) at UNESCO Headquarters, where he acted also as mediator between Governments. He is currently also an attorney, a Chartered Arbitrator, FCIArb, Arbitrator and Conciliator in ICSID World Bank Panels and acts as independent arbitrator, legal expert and counsel in international arbitration and litigation. He holds Ph.D.s from the Universities of Paris II and Rome I, the Diploma from the Hague Academy of International Law, four LLMs (DEAs, Univ. Paris I and II), in addition to his Italian and French legal education. He works in five languages and has published two monographs and some thirty articles in international arbitration, private, economic and public international law, commercial law and conflict of laws, art and cultural property law.

Table of Contents

1 Arbitration in France
A. History
B. Legal Theory and Legislative Policies
C. Clarifying Key Concepts
D. The Boundaries of Arbitration: Arbitrability
2 Domestic Arbitration
A. Arbitration Agreements (Art.1442-1449)
B. The Arbitral Tribunal (Art.1450-1461)
C. The proceedings before the arbitral tribunal (Art.1462-1477)
D. The arbitral award (Art.1478-1486)
E. Exequatur (Art.1487-1488)
F. Challenges (Voies de recours) (Art.1489-1503)
III International Arbitration (Treatise and Commentary Article by Article)
A. Defining "International" Arbitration (Art.1504)
B. The Juge d'appui (Art.1505)
C. The Relationships between Domestic and International Regimes (Art.1506)
D. Arbitration Agreements (Art.1507-1508)
E. Arbitral Proceedings and Awards (Art.1509-1513)
F. Recognition and Enforcement of Arbitral Awards Made Abroad or in France in International Matters (Art.1514-1517)
G. Challenges (Voies de recours) (Art.1518-1527)
IV Involvement of a State or of a Public Entity in French Arbitration Law
A. Involvement's Impact on Arbitrability
B. Involvement's Impact on Applicable Law (Procedure and Merits)
C. Involvement's Impact on Recognition and Enforcement of Awards
V International ICSID and Investment Arbitration in French Arbitration Law
A. ICSID arbitration as a self-contained system: Principle and Exceptions
B. OthAd hoc or Treaty-Based Investment Arbitration