Download e-book for iPad: French Arbitration Law and Practice: A Dynamic Civil Law by Jean-Louis Delvolve,Gerald H. Pointon,Jean Rouche

By Jean-Louis Delvolve,Gerald H. Pointon,Jean Rouche

ISBN-10: 9041126902

ISBN-13: 9789041126900

more and more, and to a better measure than such a lot nationwide jurisdictions, France encourages and favours deepest arbitration because the common and traditional procedure for the solution of disputes bobbing up from foreign monetary relatives. during this re-creation of the traditional English-language paintings on French arbitration legislations and perform, the authors learn this development as principles and practices constructed in overseas arbitration have taken carry in French family arbitration and vice versa. for this reason, the authors current the French arbitral strategy as one whole method of dispute solution, which is composed of varied phases from the formation of the arbitration contract to enforcement of the award, with no dividing the topic into the officially specified elements of household and overseas arbitration.

the hot variation highlights such positive aspects of this dynamic physique of arbitration legislations because the following:

  • characterization of overseas arbitration through French courts;
  • situations which require judgements through a countrywide court docket or authority;
  • situations the place inarbitrability arises from security of the weaker celebration to a freelance;
  • situations the place the choice sought might infringe a common rule of public coverage;
  • authority and tasks of the arbitral tribunal;
  • rights, responsibilities and liabilities of arbitrators;
  • the time think about the behavior of arbitral court cases;
  • delicate and reception of facts;
  • sizeable ideas of legislation;
  • the fast impact and results of the arbitral award;
  • order for enforcement of the award in France (exequatur);
  • contesting orders of the juge de exequatur;
  • grounds universal to annulment of awards and refusal of enforcement;
  • enforceability of awards pending problem;
  • enforcement of awards opposed to states; and
  • dating of French legislation with the recent York conference, 1958.

At every one level the authors emphasize diversifications coming up in overseas arbitration. The presentation additionally takes account, with reviews at appropriate issues, of the influential 2006 Draft Reform of the Comit Francais de Arbitrage. A hugely helpful annex reprints appropriate French laws with English translation, in addition to the texts of significant overseas arbitration conventions and an in depth bibliography.

the target of the booklet is to provide a contemporary and effective arbitration method, not just to readers who're encountering it for the 1st time, but additionally to those that, even supposing well-versed in it, may benefit from a textual content in English, with the comparisons to universal legislation provisions such an project involves. Any practitioner or educational drawn to the sphere of foreign arbitration and the enforcement of international awards will welcome this very worthwhile and informative paintings.

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French Arbitration Law and Practice: A Dynamic Civil Law Approach to International Arbitration, 2nd Edition by Jean-Louis Delvolve,Gerald H. Pointon,Jean Rouche

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