Challenging and appealing arbitral awards in France

Produced in partnership with Agathe Fortin of Dechert , Xavier Nyssen of Dechert , Flore Poloni of Signature Litigation LLP and Kimberley Bazelais of Signature Litigation LLP

Practice notes

Challenging and appealing arbitral awards in France

Produced in partnership with Agathe Fortin of Dechert , Xavier Nyssen of Dechert , Flore Poloni of Signature Litigation LLP and Kimberley Bazelais of Signature Litigation LLP

Practice notes

Note: the French cases referred to below are not all reported by ��˾��ҹ��®.

French legal framework

France has historically been well-known as an Arbitration-friendly Jurisdiction, as conditions for challenging arbitral awards are particularly restrictive, although some may see in recent decisions a trend towards increased control of awards by courts in respect of international public policy.

The relevant legal framework is found in the Decree No 2011–48 of 13 January 2011, which came into force on 1^st May 2011, and is incorporated in Book IV of the French Code of Civil Procedure (CCP).

The legal regimes applicable to domestic and international arbitral awards are different. Both types of arbitral awards may be Set aside on limited grounds, but only domestic arbitral awards may be subject to an appeal. Other forms of Recourse against arbitral awards are also available under certain conditions.

Domestic arbitral awards

International arbitration is defined under French law at Article

Agathe Fortin

Associate, Dechert

Agathe Fortin focuses her practice on international arbitration.

Ms. Fortin has experience in arbitral proceedings under the ICC, LCIA and UNCITRAL rules.

Ms. Fortin has also been involved in several enforcement proceedings before the French Courts.

Xavier Nyssen

Dechert

Xavier Nyssen is the immediate past Co-Chair of Dechert’s international dispute resolution practice. Since 1988, he has concentrated his practice in international arbitration and complex litigations, especially in the telecom, energy and pharmaceutical sectors.

He has acted as counsel in numerous arbitrations whether ad hoc or under the rules of the International Chamber of Commerce (ICC), the London Court for International Arbitration (LCIA) or the European Development Fund (FED). He is also well versed in proceedings for the enforcement and the annulment of arbitration awards and occasionally acts as arbitrator.

Mr. Nyssen also regularly advises foreign companies on procedures to collect evidence and to enforce foreign judgments and arbitration awards in France.

Before joining Dechert in 2005, he worked in New York and Brussels and was co-managing partner of the Paris office of an international law firm, where he was responsible for the Litigation department.

Mr. Nyssen has been consistently recognized by both Chambers Europe and Chambers Global for his "strong track record on arbitrations in the energy, pharmaceuticals and telecommunications sectors." He is listed in The Legal 500 France and Décideurs Stratégie Finance Droit. Sources described him as a client-oriented, technically gifted and creative practitioner who provides "very high-level advice on complex matters." In 2017, he was listed as a leading lawyer by The Who's Who Legal: France - Arbitration.

Flore Poloni

Partner, Signature Litigation LLP

Flore Poloni has significant experience representing international companies in mediation and arbitration proceedings. Flore also acts as an arbitrator.

Flore has a particular focus in tech and defence. She regularly acts in complex shareholder disputes and in transactions that span multiple jurisdictions, and more particularly following the termination of contracts in relation to changes of economic (e.g. force majeure) or legal (e.g. sanctions) circumstances. Flore also has in-depth experience in the enforcement of arbitral awards in France, including asset seizures.

Flore is very involved in the arbitration community in France. She co-founded Paris Very Young Arbitration Practitioners in 2012, and she was a Co-Chair of the LCIA YIAG (Young International Arbitration Group of the London Court of International Arbitration) from 2017 to 2021.

The Legal 500 EMEA 2023 Guide recognises Flore for her international arbitration practice. She has been praised for her “extensive expertise in international arbitration” and described as “extremely capable.”

Flore is recognised as a « global leader » in the Who’s Who Legal’s 2023 Arbitration ranking.

Kimberley Bazelais

Associate, Signature Litigation LLP

Kimberley Bazelais is an Avocat à la Cour (Paris Bar) and Attorney-at-law (New-York Bar) in the International Arbitration Practice at Signature Litigation.

Kimberley specialises in both international commercial and investment arbitration. Her work includes representing top-tier companies and state entities in arbitration and litigation proceedings relating to projects in the fields of telecommunications, construction, energy and more.

Before joining Signature Litigation, Kimberley trained at various international law firms and at the ICC International Court of Arbitration. She also regularly acts as secretary to the arbitral tribunal in institutional and ad hoc proceedings.

Kimberley is a qualified at the Paris and New-York bar and is native in English and French.

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration definition

What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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