Specialised Procedures for International Arbitration Cases

The decree also provides for the specialised treatment of arbitration-related proceedings before the Paris Court of Appeal. Several provisions formalise practices already developed by the court’s International Chamber. Under the new framework, foreign-language documents may be submitted without translation unless the court specifically orders otherwise. Parties, witnesses, experts and legal representatives may also participate in proceedings using a foreign language under certain conditions.

These measures are particularly relevant to international arbitration users, who often operate across multiple jurisdictions and languages. By reducing translation requirements and accommodating foreign-language participation, the reforms could make arbitration-related proceedings before French courts more accessible and efficient for international parties.

The decree also introduces provisions aimed at protecting the confidentiality of arbitration. Courts may adapt the reasoning and publication of their decisions to prevent the disclosure of confidential information.

Nevertheless, questions remain about whether these measures will sufficiently protect commercially sensitive information. Public hearings may still expose trade secrets, proprietary information and other confidential materials unless existing powers allowing proceedings to be held behind closed doors are applied flexibly.

Changes to the Enforcement of Arbitral Awards

The reforms also restrict the powers of French judges in proceedings challenging arbitral awards. Previously, although arbitral awards generally remained enforceable despite set-aside proceedings, courts could in limited circumstances suspend enforcement or modify the conditions under which enforcement would take place. This could include requiring disputed sums to be placed in escrow pending the resolution of the challenge.

Under the new framework, courts retain the power to suspend enforcement but will no longer be able to adjust the conditions of enforcement. The practical effect of this change will depend largely on how French courts interpret and apply the new provisions. However, it removes a procedural mechanism that previously gave judges greater flexibility in balancing the interests of parties during post-award proceedings.

Notably, the reform does not directly address concerns about the length of post-award proceedings in France. Time limits for challenging awards continue to depend on formal service requirements, which can be particularly complex and time-consuming in international cases.

As a result, proceedings to set aside an award may sometimes continue for longer than the arbitration itself. This could remain a concern for parties seeking enforcement in jurisdictions that are reluctant to recognise an award while proceedings at the seat of arbitration remain unresolved.

Arbitration Enters the Digital Age

The decree also responds to the increasing digitalisation of arbitral proceedings. Arbitral awards may now be issued electronically, provided they carry a qualified electronic signature. The rules governing recognition and enforcement have also been adapted to accommodate electronic awards and reliable digital copies.

The move represents an important acknowledgement of the changing nature of international dispute resolution, where proceedings, hearings and documentation are increasingly conducted through digital platforms. However, France’s judicial infrastructure has yet to fully adapt to this transformation. According to the analysis, arbitral awards are not currently integrated into the electronic court registry, and there is no mechanism for electronically attaching an enforcement formula to an award.

Source: Pinsent Masons