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Increasingly, and to a greater degree than most national jurisdictions, France encourages and favours private arbitration as the normal and usual method for the resolution of disputes arising from international economic relations. In this new edition of the standard English-language work on French arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in French domestic arbitration and vice versa. Accordingly, the authors present the French arbitral process as one entire system of dispute resolution, which consists of various stages from the formation of the arbitration agreement to enforcement of the award, without dividing the subject into the formally distinct parts of domestic and international arbitration. The new edition highlights such features of this dynamic body of arbitration law as the following: - characterization of international arbitration by French courts; - cases which require decisions by a national court or authority; - cases where inarbitrability arises from protection of the weaker party to a contract; - cases where the decision sought would infringe a general rule of public policy; - authority and duties of the arbitral tribunal; - rights, obligations and liabilities of arbitrators; - the time factor in the conduct of arbitral proceedings; - tender and reception of evidence; - prescribed substantive rules of law; - the immediate effect and consequences of the arbitral award; - enforcement of the award in France (exequatur); - contesting orders of the juge de l'exequatur; - grounds common to annulment of awards; and - enforceability of awards pending challenge. At each stage the authors emphasize variations arising in international arbitration. The presentation also takes account, with comments at relevant points, of the influential 2006 Draft Reform of the Comite Francais de l'Arbitrage, which proposes to write into the Code de Procedure civile some of the arbitration-related matters which have been the subject of national court decisions. A highly useful annex reprints relevant French legislation, as well as the texts of major international arbitration conventions and an extensive bibliography. The objective of the book is to present a modern and efficient arbitration system, not only to readers who are encountering it for the first time, but also to those who, although well-versed in it, might benefit from a text in English, with the comparisons to common law provisions such an undertaking entails. Any practitioner or academic interested in the field of international arbitration and the enforcement of foreign awards will welcome this very useful and informative work.
ADR is not merely a substitute for court proceedings or arbitration, but a method of dispute settlement in its own right. In ADR proceedings, the parties call upon a third party not for a decision, but for assistance in reaching an agreement. As a result, ADR is not only less expensive and usually quicker than other methods, but it is capable of giving both parties some degree of satisfaction. The purpose of this book is precisely to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved, the need to avoid a public display of differences, and the wish to anticipate problems. By throwing new light on the achievements of ADR and the possibilities it offers, this book will help to situate ADR amongst the panoply of dispute resolution methods now available to the international business community. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute which has arisen, will find expert guidance here when deciding which method of resolution to adopt, or whether a combination of procedures would be appropriate. Academics will discover a very useful volume which not only deals with many of the issues raised by ADR, in particular its relationship with arbitration, but also provides material for comparative study of how these issues have been approached and treated until now in various regions of the world, cultures and backgrounds.
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