Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Interim relief from French courts in aid of arbitration: evidence-gathering, protective and conservatory orders pre-constitution; attachments and judicial securities; third-party document production post-constitution; anti-suit injunctions

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines the interim remedies available from French courts in support of Arbitration proceedings. For guidance on interim relief granted by Arbitral Tribunals seated in France, see Practice Note: Interim remedies granted by arbitral tribunals seated in France.

Powers of the French courts to grant interim remedies in support of arbitration proceedings

Article 1449, paragraph 1 of the French Code of Civil Procedure (FCCP) states that the existence of an Arbitration agreement does not prevent a party—so long as the arbitral tribunal has not yet been formed—from applying to a French court for a measure concerning the taking of evidence (mesure d’instruction) or for a provisional or conservatory measure. This reflects settled case law:

French Cour de Cassation, Third Civil Chamber, 20 December 1982, No 81-15.746
French Cour de Cassation, Second Civil Chamber, 7 March 2002, No 00-11.526
French Cour de Cassation, First Civil Chamber, 6 December 2005, No 03-16.572

An application under article 1449, paragraph 1 of the FCCP must be brought before the President of the competent judicial court (tribunal judiciaire) or the commercial court. Making such an application does not amount to a waiver of...

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Web page updated on 21/05/2026

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