THE SCOPE OF APPLICATION OF THE ARBITRATION CLAUSE

Wednesday, June 28, 2017, from 5:30 p.m. to 7:30 p.m.

The discussions will be moderated by the group’s chairs, Jacques Pellerin and Henri-Jacques Nougein.
The scope of applicability of the arbitration clause has just undergone a dramatic expansion: with the 21st Century Justice Modernization Act and the new wording of Article 2061 of the Civil Code, the arbitration clause is now generally valid, which means it is recognized as effective even with respect to a contracting party acting outside the scope of their professional activity. The procedures for implementing the clause in this context raise a number of unprecedented practical questions that practitioners must urgently address in order to better anticipate potential difficulties: Does the requirement for “acceptance” of the clause call into question established case law regarding its enforceability? Is the provision applicable to existing contracts? What about the procedural framework for raising a defense of unenforceability?
Beyond this expansion of subjective arbitrability, certain aspects of the evolution of objective arbitrability also merit exploration: the enforceability of the arbitration clause even when mandatory provisions assign jurisdiction to specialized courts—Article L 442-6 of the Commercial Code regarding labor dispute litigation?—and the potential unenforceability of an arbitration clause that creates a “significant imbalance” in standard-form contracts covered by the new Article 1171 of the Civil Code…
How can one ensure the full effectiveness of the stipulated arbitration clause? Conversely, how and under what circumstances is it possible to circumvent it? These are the issues to which the Arbitration Practice Group proposes to devote its next Workshop, taking a resolutely practical approach through discussions based on a scholarly paper with the invited practitioners, legal counsel, judges, academics, and students.
Registration is by email only and should be sent to Ms. Aline Cambon:
secretariat@cfa-arbitrage.com (mailto:secretariat@cfa-arbitrage.com)
Please provide, clearly and completely, your last name, first name, title(s), mailing address, phone number, and email address.
Registration begins at 5:00 p.m. in the Gaston Monnerville Room. The Arbitration Practice Workshop begins at 5:30 p.m. sharp.
Participation in this seminar counts toward mandatory continuing education requirements (2 hours).