Agathe Fortin
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.
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.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2020
Education
- University of Versailles, France
- University of Queensland, Australia
1 Contributions by Agathe Fortin
PRACTICE NOTES
France: Challenging Domestic and International Arbitral Awards—Appeals, Annulment, Exequatur, Third-party Actions, Revision for Fraud and International Public Policy under the French Code of Civil Procedure
Note: the French cases cited below are not all reported by LexisNexis®.
French legal framework
France has long had a reputation as an arbitration‑friendly venue, with narrowly tailored grounds for contesting arbitral awards; however, some observers discern in recent rulings a movement towards tighter judicial scrutiny of awards on matters of international public policy. The applicable rules sit in Decree No 2011–48 of 13 January 2011, which took effect on 1 May 2011, and are codified in Book IV of the French Code of Civil Procedure (CCP). Distinct regimes govern domestic and international awards. In practice, the two frameworks operate separately, reflecting the nature of the underlying dispute. Under this scheme, procedures and remedies are carefully tailored accordingly. Although both categories of award can be annulled on limited bases, only domestic awards are open to appeal. Additional avenues of challenge to awards exist subject to particular conditions.
Domestic arbitral awards
Under Article 1504 CCP, international arbitration is defined as arbitration that engages the interests of international trade. Conversely, proceedings are treated as domestic where the interests of international commerce are not implicated. The French courts have repeatedly decided that an arbitral award is considered international when the dispute stems from...
Arbitration
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