International 仲裁 in Paris | 腋生的法律 Firm
International Chamber of Commerce Paris (ICC)
仲裁 clause in international commercial contracts
In order to bring proceedings in 法国 before an arbitral tribunal, usually the International Chamber of Commerce (ICC) based in Paris, a contractual jurisdiction clause in the commercial contracts, the so-called arbitration clause, is required.
It is open to the 方 to adapt this clause to their particular situation. For example, the ICC 仲裁 规则 generally provide for a sole arbitrator. However, the 方 may differ from the number of arbitrators (see also Art. 1508 Code Civil). Likewise, it may be desirable for them to stipulate the place and language of arbitration and to determine the law applicable to the legal dispute (see also Article 1509 Civil Code).
The ICC 规则 of 仲裁 therefore do not limit the 方 in their free choice as to the place and language of the arbitration and the law applicable to 合同.
The arbitral tribunal is therefore subject to the rules laid down in the commercial contracts themselves, often by reference to the arbitration rules. This would be for the International Chamber of Commerce ICC the 2017 仲裁 rules: iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/
If an arbitration clause is included in the commercial contract, the national French courts are no longer 主管. However, the special jurisdiction must be invoked by the 方 (卡斯，21世纪., 22 nov 2001, préc. ——卡斯 1是文明., 23 january 2007, n ° 06-11.157: JurisData n ° 2007-037067; Rev. arb., 2007, pp. 290. ——卡斯 1是文明.， 3., 2010, n ° 09-12.669: JurisData n ° 2010-051399 .- 卡斯商学院. 1re 文明.， 14 avr., 2010, n ° 09 -12.477: JurisData n ° 2010-004059; Rev. arb. 2010, p.495, P. Caille).
The national French courts are exceptionally 主管 even if an arbitration clause is stipulated if the International Chamber of Commerce ICC has not yet been appointed and the arbitration clause is manifestly void or inapplicable (Article 1448 CPC). 这些 are cumulative conditions.
Furthermore, as long as the Arbitral Tribunal has not yet been appointed, it is still possible to file a lawsuit before the French courts for temporary legal protection procedures for effective provisional remedies (so-called Référé) (Art 1449 CPC).
Due to the principle of the binding effects of agreements (Article 1165 Code Civil), the arbitration clause binds only the 方 that have concluded and therefore does not oblige third 方.
The invalidity of the arbitration clause has no effect on the validity of the remaining contractual clauses (Article 1447 CPC).
Parties are free to adapt the clause to their particular circumstances. For instance, they may wish to stipulate the number of arbitrators given that the ICC 仲裁 规则 contain a presumption in favour of a sole arbitrator. Also, it may be desirable for them to stipulate the place and language of the arbitration and the law applicable to the merits. The ICC 仲裁 规则 do not limit the 方’ free choice of the place and language of the arbitration or the law governing 合同.
For example, a possible standard clause for the ICC would be: “所有 disputes arising out of or in connection with the present contract shall be finally settled under the 规则 of 仲裁 of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said 规则.”
A big advantage of the International Chamber of Commerce in Paris is the fact that the 方 get quickly 一个句子. As stated above, the 方 may themselves decide on the arbitrator, language and venue of the proceedings or applicable law. 大 disadvantage, however, are the enormously high process and arbitration costs and the fact that an appeal is rarely possible.
For costs, see:
iccwbo.org/dispute-resolution-services/arbitration/costs-and-payments/cost-calculator/
The sentence requires a declaration of enforceability by the French national court.
Concerning the start of proceedings before the International Chamber of Commerce in Paris, there is no formal request, either party may submit the application in the form it desires to the following address:
Secretariat of the International Court of 仲裁 of the International Chamber of Commerce
33-43 avenue du Président Wilson
75116年的巴黎, 法国
电话. +33 1 49 53 29 05
Fax: +33 1 49 53 29 33
Email: arb@iccwbo.org
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