The purpose of this working group is to reflect on the “fact of arbitration” and not, at least not directly, on arbitration law. Arbitration should therefore be considered, in a broad sense, from a sociological perspective, through the practices of its key players: companies, in-house counsel, attorneys, arbitrators, arbitration centers, judges, etc. It is important to understand how arbitration is practiced, both in France and elsewhere. Indeed, arbitration takes on many different forms depending on whether it is domestic or international, ad hoc or institutional, general or specialized (e.g., CAS, WIPO, ICSID), conducted in Paris or in the provinces, and so on. This is the obvious result of the flexibility and freedom afforded by this form of justice. The fact that arbitration is not standardized necessarily calls for pluralism in its forms and manifestations. It is therefore useful to reflect on arbitration practices. Numerous questions are likely to arise at every stage of arbitration. Of course, it will not be possible to address every single question raised. A few key issues may be addressed (e.g., the role of women in arbitration), though naturally not in an exhaustive manner. The idea is that a better understanding of arbitration practice can lead to improvements in arbitration law. The goal is for this study to result in proposals for reforming certain aspects of the legal framework governing arbitration.
List of Working Group Members
Chair: Jean-Baptiste Racine, Professor, University of Nice – Sophia Antipolis
Presenter: Séverine Menétrey, Associate Professor, University of Nice – Sophia Antipolis
Members:
- Jean-Pierre Ancel, Honorary President of the First Civil Chamber of the Court of Cassation
- Sophie Crepin, Attorney, Associate Professor, University of Pau and the Pays de l’Adour
- Georges Decocq, Professor, University of Paris XII
- Sophie Harnay, Associate Professor of Economics, Paris Ouest – Nanterre La Défense University
- Alexandre Hory, Jean Moulin University – Lyon III
- Sigvard Jarvin, Attorney, Arbitrator, Jones Day, Paris
- Emmanuel Jolivet, Associate Professor, University of Versailles Saint-Quentin; General Counsel, ICC International Court of Arbitration
- Sophie Nappert, Attorney, Arbitrator, 3VM, London
- François-Xavier Train, Professor, Paris Ouest–Nanterre La Défense University
- Jacques Mestre, Professor at the University of Aix-Marseille
- Charles Jarrosson, Professor at Panthéon-Assas University