Find Lawyers in Paris, France for Arbitration and Mediation
Practice Area Overview
Arbitration is nowadays the preferred means of adjudicating domestic and international commercial disputes and in France is used extensively by businesses. In the dispute resolution clause of a contract of some importance, referring to court jurisdiction for the adjudication of the dispute is becoming rare, and is either due to the weaker negotiating power of one party or to poor drafting/lack of experience by its author(s). Arbitration is mostly chosen when the parties want to retain the right to appoint the appropriate person as arbitrator and/or want to keep the dispute and its outcome confidential or simply because the parties come from different cultures/backgrounds. Like in other countries, arbitration is often criticized for its costs and increasingly long duration of proceedings. Consequently, arbitration centers, which administer the brunt of large commercial arbitration cases, have reformed their rules in recent years to streamline the process and give stronger cases management powers to the arbitrators. There are many arbitration centers in France, but most practitioners are only familiar with a handful. Ad hoc arbitration proceedings takes place when no institutional arbitration has been provided by the contract's arbitration clause. Such proceedings tend to be longer and often more problematic. It is possible, but rather exceptional, for the arbitration clause to give to the arbitrator(s) the power to rule ex aequo et bono, or to allow for an appeal. Practitioners in arbitration act either as counsel to a party, or as arbitrator, who will adjudicate the dispute (alone or as member of an arbitral tribunal). Some practitioners opt for only the former aspect of the practice, for any of the following reasons: one can work in teams, it is akin (although not identical) to trial practice, and conflicts of interest occur more seldom than when acting as arbitrator. Some opt for only the latter, because their reputation, seniority, and expertise have created a beaten path to their doors. Most practitioners in France do both, because they believe, with good reason, that having been an arbitrator makes them a better counsel in the next case. law professors, former judges, and even non-lawyers also may be appointed arbitrators (with mixed results). For the parties and their counsels, selecting an appropriate arbitrator for a particular case is its most crucial aspect. The judiciary in France is generally in favor of arbitration and contains detailed provisions for domestic and international arbitrations. Case Law is developed (including on challenges to arbitrators) and accessible. Challenging an arbitral award can only be done on a limited number of grounds.
In contrast to arbitration, parties to a mediation retain control of the process and each can stop it at any time. The mediator attempts to facilitate a settlement. No solution can be imposed by the mediator, and the outcome is either a settlement agreement or none. Not all litigators in France are experienced in representing clients in meditations or or in being mediators, but the numbers are growing as the mediation culture spreads. There are many factors which ensure the growing acceptance of mediation as an ADR method but three stand out: cost (it is inexpensive), time (it is fast, three months on average), and success rate (75% end up with a settlement agreement). Mediations can be either entirely voluntary or result from mediation clauses in contracts, and they may also be court-mandated. In some mediations, mediators may follow evaluative techniques and/or caucus in private with one party at the time. Selecting the right mediator is as crucial to the outcome as selecting an arbitrator in arbritrations: the main criteria are mediation training and experience, personality fit with the parties, subject matter expertise (if relevant), and manner of charging for services. Very few lawyers (or other professionals) are full-time mediators in France.
Partner, admitted in Paris and New York Fieldfisher
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Lawfirm Ereine Cabinet de Cayeux www.decayeux-avocat.com Personal biography : Lawyer since 1998 - Mediator since 2009 - Listener for children and teenagers since 2019. Family lawyer As a general practitioner and business lawyer for 10 years, I finally chose to specialise in family law, a field which combines technicality, law and human values. My practice is focused on the amicable resolution of conflicts and disputes through reasoned negotiation, mediation, the collaborative process and the ...
Louis de Gaulle is involved in matters requiring diverse and extensive legal experience both in litigation and transactions. He regularly appears before civil, administrative and arbitration courts. Louis de Gaulle’s legal strategy acumen and innovative capacity in the management of cases is praised by his clients. He specialises in intellectual property, new technologies, commercial law and public law.He is a certified specialist in Intellectual Property and Commercial Law at the Paris...
Marina Matousekova’s practice focuses on international arbitration and litigation. She represents French and international companies as well as public entities in ad hoc and institutional arbitration proceedings (in particular under the UNCITRAL, ICC, LCIA or ICSID Rules) and in court proceedings raising private or public international law issues. She notably advises clients in the sectors of energy, construction, aeronautics, as well as investments and in shareholders’ disputes. ...
Thierry Montéran is a well-known lawyer specialized in insolvency law. He is one of the co-founder of UGGC Avocats and created this practice 25 years ago and his activity is entirely dedicated to insolvency law and litigations related to it. His expertise deals with the right of struggling companies and for all sorts of businesses, from the smallest to the most important in all regions of France. Thierry Monteran as the founder of its practice has written several hundred articles on co...
Samantha Nataf, Partner since 2018, focuses her practice on international arbitration and related court proceedings. She advises multinational companies, states and state entities in the resolution of international disputes with high strategic stakes, submitted to commercial or investment arbitration, in France and abroad. She has acted as counsel in over 50 international arbitrations taking place under the major arbitration rules (ICC, ICSID, LCIA, DIAC, UNCITRAL, etc.) in a wide range of se...
Xavier Pernot is a partner in charge of the litigation-arbitration-mediation practice. With his experience in assisting our clients in strategic and high-stakes litigation, Xavier leads a multidisciplinary team whose main areas of practice are corporate litigation and equity transactions, commercial and operational litigation, and complex industrial and financial litigation. The team also acts in insolvency proceedings, enforcement proceedings and criminal business law.
Charles-Edouard Renault specializes in media, audiovisual and entertainment law, as both advisor and litigator and is thus continually at the forefront of new developments linked to content and technology in the production sector (website content, film restoration and digitalization, VOD and SVOD etc.), film finance and M&A operation in the entertainment sector as well as in communication crisis (corporate or professional e-reputation protection, follow-up of online audio and video playba...
Alexandre Reynaud is a Member of the Paris and New York Bars and founder of TALMA Dispute Resolution. His practice focuses on international arbitration as well as commercial and corporate litigation. Alexandre has acted as counsel in numerous arbitration proceedings under the auspices of leading arbitral institutions (International Court of Arbitration of the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Center for Settlement of Inves...
Anne-Carine Ropars-Furet is a partner at Sésame Avocats, defending French and international companies before the French courts in commercial and corporate litigation. She is also involved in resolving conflicts between partners, including in regulated companies, notably in healthcare law. Anne-Carine represents, among others, investment funds in the settlement of disputes with corporate officers, and helps eminent executives counter abusive dismissals. In particular, she assists her cl...
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