French Arbitration Law and Practice
A Dynamic Civil Law Approach to International Arbitration
Does not imply availability
Description
Previous edition, 1st, published in 2003.
AI Overview
The book "French Arbitration Law and Practice" by Jean-Louis Delvolvé, Jean Rouche, and Gerald H. Pointon is a comprehensive guide to the laws and practices surrounding arbitration in France. Here is a detailed overview of the book:
Key Themes
History of Arbitration in France: The book begins with a historical survey of arbitration in France, providing context to the evolution of arbitration law and practice in the country[1][2].
Legal Theory and Legislative Policies: It delves into the legal theory, legislative policies, and sources of arbitration law in France, offering a thorough understanding of the foundational principles[2].
Arbitrability: The book examines the boundaries of arbitration, or arbitrability, which is crucial for determining whether a dispute can be resolved through arbitration[2].
Domestic and International Arbitration: The guide covers both domestic and international arbitration, highlighting the dualist approach maintained in the 2011 Decree. This approach distinguishes between the procedures for domestic and international arbitration, ensuring an arbitration-friendly environment in France[2].
Recognition and Enforcement of Arbitral Awards: It provides detailed commentary on the recognition and enforcement of arbitral awards, including the procedures for setting aside awards and enforcing them in French courts[1][2].
Case Law and Decree Analysis: The book includes an examination of pre-existing case law and the 2011 decree, which aims to codify decisions and make French arbitration law more accessible to foreign practitioners[2].
Plot Summary
The book is structured to follow the logic and objectives of the 2011 decree, making it easily accessible to practitioners. It begins with an introduction to the history of arbitration in France, followed by an analysis of the legal theory, legislative policies, and sources of arbitration law. The main sections focus on the procedures for domestic and international arbitration, including the recognition and enforcement of arbitral awards. The guide also discusses the boundaries of arbitrability and the dualist approach maintained in the new decree[2].
Critical Reception
While specific reviews are not provided in the sources, the book is described as a "much-needed reference work" that provides practitioners and academics with a detailed commentary on and analysis of French arbitration law and its application[2]. The book is intended to be an indispensable companion for any international practitioner dealing with arbitration in France, given its comprehensive coverage of both domestic and international arbitration practices[2].
Availability
The book is available through various sources, including Kluwer Law International, Wildy, and AbeBooks. It is also listed on Greenlight Bookstore and can be accessed through Thomson Reuters Practical Law for those with a subscription[1][3][4].