In France, Increasing Court Control Over Arbitral Awards

By Stéphane Bonifassi and Elena Fedorova ( February 8, 2019, 4:53 PM EST) -- The public policy defense is one of the five challenges to the enforcement of arbitral awards available for parties before French courts.[1] The public policy defense has always been a ground widely used by parties for challenging enforcement in France. Although there are many definitions of public policy, traditionally, the most common definition has been that public policy "refers to matters which the laws of a state or state courts have determined to be of such fundamental importance that the contracting parties are not free to avoid or circumvent them."[2] Thus, the public policy challenge allows parties to claim that an arbitral award should not be enforced in France for a very broad range of reasons, including allegations of corruption, money-laundering, violations of antitrust laws, etc. However, as France is an arbitration-friendly state, the scope of public policy is interpreted narrowly by French courts and international arbitral awards are rarely set aside on this basis....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!