The French Arbitration Committee had hoped to organize a workshop on arbitration practice on October 8 on the topic “Arbitration Procedures in the Light of Current Events.”
However, due to the evolving COVID-19 health crisis, it is once again forced to postpone this event and hopes to reschedule it very soon.
The French Arbitration Committee apologizes for this setback, which is beyond its control.
___________

ARBITRATION PROCEDURES IN THE CONTEXT OF CURRENT EVENTS

Thursday, October 8, 2020, from 5:30 p.m. to 8:00 p.m.
Gaston Monnerville Room – Maison du Barreau – 2 Rue de Harlay – 75001 Paris
Arbitration proceedings are not immune to changes in the state legal system, whether these relate to legislative or public health developments.
In December 2019, two decrees introduced new provisions applicable to judicial proceedings: the decrees of December 11 and December 20, 2019. At first glance, arbitration law does not appear to be affected, at least not directly. However, the decree of December 11, 2019, by adding a new case within the jurisdiction of the pretrial judge (Article 789(6) of the Code of Civil Procedure) and, consequently, the pretrial advisor, could lead to a shift in this judge’s authority regarding the merits of the dispute, thereby altering the impact of proceedings before the Court. The procedural framework for actions for annulment against domestic and international awards, as well as for appeals against orders granting exequatur for foreign awards, will inevitably be affected. It is therefore important to assess the scope of this change. More indirectly, this same decree of December 11, 2019, has extended the automatic provisional enforcement of judgments and subjected the suspension of such provisional enforcement to strict conditions. While the provisions applicable to arbitral awards are not affected, the unique nature of the regime governing the enforcement of awards is thus highlighted, which could raise questions about the legitimacy of maintaining it or, conversely, underscore the desirability of preserving it. Finally, the decree of December 20, 2019, abolished the procedure analogous to summary proceedings and replaced it with the expedited proceedings on the merits. Henceforth, proceedings before the supporting judge are therefore subject to this procedure. The first part of the Workshop will be devoted to the impact of all these developments, which apply to proceedings initiated on or after January 1, 2020.
The COVID-19 pandemic has also put all stakeholders in the arbitration field to the test, requiring them to demonstrate a high degree of responsiveness to ensure that arbitration proceedings could continue under the best possible conditions, despite the constraints resulting from the public health emergency declared in March 2020. While the use of new technologies enabled a significant shift to digital processes, the reduced operations of state courts and lockdown measures inevitably impacted the various stages of the proceedings—from the constitution of the arbitral tribunal without the assistance of the supporting judge to the enforcement of the award and appeals against it— which posed challenges given the physical unavailability of the President of the judicial court and the limited operations of the Court of Appeals. The use of witness testimony also raised numerous difficulties, resulting in particular from the practical impossibility of having the relevant individuals travel or of ensuring the security of virtual hearings. Finally, the potential refusal of the parties to participate in virtual hearings has reignited the question of who truly holds the “reins” of arbitration.
What conclusions can be drawn from all these legislative developments and the onset of the health crisis? Will new procedural strategies emerge from the regulatory changes that have taken place? Could preventive measures to safeguard arbitration proceedings in the event of a crisis be included in newly drafted arbitration agreements or incorporated into institutional arbitration rules? These are just some of the topics around which arbitration practitioners and users are invited to engage in open discussion, based on a document package provided to all participants, during this particularly interactive and forward-looking Arbitration Practice Workshop.

To register, please visit
on our website:
or send an email 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 Refereeing Workshop begins at 5:30 p.m. sharp.

Attendance at this seminar counts toward mandatory continuing education (2 hours and 30 minutes).