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French arbitration law and practice / by Jean-Louis Delvolve, Jean Rouche, Gerald H. Pointon.

Commercial Law This book sets out the law and practice relating to arbitrations which take place in France or under French procedural law, and highlights, whilst considering the various stages of the arbitral process in chronological order, (from formation of the arbitration agreement to the making...

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Bibliographic Details
Online Access: Full Text (via ProQuest)
Main Author: Delvolvé, Jean-Louis
Other Authors: Rouche, Jean, Pointon, Gerald H.
Format: eBook
Language:English
Published: The Hague ; New York : Kluwer Law International, ©2003.
Subjects:
Arbitration and award > France.
Arbitration and award.
France.
Table of Contents:
  • Cover
  • Contents
  • TABLE OF ABBREVIATIONS
  • NTRODUCTION
  • TABLE OF APPLICABILITY OF ARTICLES OF NCPC TO VARIOUS CATEGORIES OF ARBITRATION
  • PART I: THE CONCEPT AND SCOPE OF ARBITRATION: THE NATURE OF ARBITRATION IN FRENCH LAW
  • CHAPTER 1: A BRIEF SURVEY OF THE HISTORY OF ARBITRATION IN FRANCE
  • CHAPTER 2: FRENCH ARBITRATION LAW TODAY AND ITS SOURCES
  • CHAPTER 3: WHAT IS ARBITRATION IN FRENCH LAW?
  • SECTION 1: THE GENERAL CONCEPT OF ARBITRATION IN FRANCE
  • SECTION 2: THE FRENCH LAW THEORY OF INTERNATIONAL ARBITRATION
  • PART II: THE ARBITRAL PROCESS
  • CHAPTER 1: INSTITUTION OF ARBITRAL PROCEEDINGS
  • SECTION 1: THE ARBITRATION AGREEMENT: THE FUNDAMENTAL REQUIREMENT
  • SECTION 2: IMPLEMENTATION OF THE ARBITRATION AGREEMENT
  • SECTION 3: THE ARBITRAL TRIBUNAL, ITS AUTHORITY AND DUTIES
  • CHAPTER 2: ARBITRAL PROCEEDINGS
  • SECTION 1: THE TIME FACTOR IN THE CONDUCT OF ARBITRAL PROCEEDINGS AND THE SCOPE OF THE ARBITRAL TRIBUNAL'S MANDATE.
  • SECTION 2: THE POWERS OF THE ARBITRAL TRIBUNAL AND THEIR LIMITS
  • SECTION 3: CONDUCT OF THE ARBITRAL PROCEEDINGS SO AS TO ENSURE EQUAL AND FAIR TREATMENT OF THE PARTIES
  • SECTION 4: TENDER AND RECEPTION OF EVIDENCE
  • CHAPTER 3: ARBITRATORS AND THE LAW
  • SECTION 1: PRESCRIBED SUBSTANTIVE RULES OF LAW
  • SECTION 2: ASCERTAINED SUBSTANTIVE LAW IN INTERNATIONAL ARBITRATION
  • SECTION 3: TEMPERED RULES OF LAW: AMIABL E COMPOSIT ION
  • SECTION 4: PUBLIC POLICY
  • PART III: ARBITRAL AWARDS: THEIR ESSENTIAL FEATURES AND EFFECT; ENFORCEMENT BY THE COURTS; CHALLENGES
  • CHAPTER 1: MAKING AN ARBITRAL AWARD: ITS CHARACTERISTICS AND LEGAL EFFECT
  • SECTION 1: THE ARBITRAL AWARD
  • SECTION 2: ORDER OF THE COURT FOR ENFORCEMENT OF THE AWARD IN FRANCE (EXEQUATUR)
  • CHAPTER 2: CHALLENGE OF ARBITRAL AWARDS IN FRENCH COURS D'APPEL
  • Introduction.
  • SECTION 1: APPLICATIONS TO FRENCH COURS D'APPEL FOR ANNULMENT OF AWARDS MADE IN FRANCE OR TO CONTEST ENFORCEMENT IN FRANCE OF AWARDS MADE ABROAD
  • SECTION 2: APPEAL: A PROCEDURE FOR CHALLENGING AWARDS ONLY AVAILABLE IN FRENCH DOMESTIC ARBITRATION
  • SECTION 3: WHAT OTHER PROCEDURES IN THE COURTS ARE AVAILABLE, OR PROHIBITED FOR CHALLENGING ARBITRAL AWARDS?
  • PART IV: SATISFACTION OF AWARDS BY PROCESSES OF EXECUTION: ENFORCEMENT OF AWARDS AGAINST THE FRENCH STATE OR FOREIGN STATES
  • CHAPTER 1: ENFORCEMENT OF AWARDS AGAINST THE FRENCH STATE OR FRENCH PUBLIC LAW BODIES
  • CHAPTER 2: ENFORCEMENT IN FRANCE OF AWARDS AGAINST FOREIGN STATES AND ENTITIES UNDER THEIR CONTROL
  • Appendixes
  • Appendix 1
  • Extracts from the French Code Civil
  • Appendix 2
  • Extracts from the Nouveau Code de Procedure Civile (articles 1442-1507)
  • Appendix 3
  • Extracts from the Nouveau Code de Procedure Civile (Basic principles for the conduct of litigation)
  • Appendix 4
  • The Convention on the Execution of Foreign Arbitral Awards, 26 September 1927 (The Geneva Convention, 1927)
  • Appendix 5
  • The Convention on The Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958 (The New York Convention, 1958)
  • Appendix 6
  • The European Convention on International Commercial Arbitration, 21 April 1961 (The Geneva Convention, 1961)
  • Appendix 7
  • Bibliography
  • Appendix 8
  • Index
  • Last Page.

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