To guide this effort, the Minister of Justice appointed a working group composed of eleven experts, including lawyers, university professors, and representatives of arbitration institutions. The group submitted its report on 20 March 2025 and suggested significantly remodelling the existing French arbitration legal regime, which dates back to 2011, to maintain and reinforce its competitiveness and efficiency in the global arbitration market.
With France being a leading seat for international arbitrations, the proposed reform should be of interest to all arbitration users.
The central proposal is the creation of a dedicated and comprehensive Code of Arbitration, aimed at codifying and affirming the autonomy of French arbitration law.
Currently, French arbitration law is primarily codified in the French Code of Civil Procedure, which contains separate provisions for domestic and international arbitration. Additional relevant rules appear in a number of other codes, including the Civil Code, Consumer Code, Labour Code and Intellectual Property Code, all of which have been further developed through precedent emanating from the French Courts.
The reform also aims to replace the dual structure distinguishing domestic and international arbitration with a unified legal framework.
Another major innovation is the extension of arbitration to certain areas previously excluded, such as family, consumer and employment-related disputes.
Similarly, purely formal grounds for annulment of arbitral awards would be abolished.
Under the draft text, the parties would be able to seek enforcement of provisional measures ordered by the arbitral tribunal before the French judge with authority to issue orders related to the arbitration ("juge d’appui"). It is not specified at this stage whether that also includes decisions of emergency arbitrators.
Another notable reform is that parties would no longer be permitted to waive in advance their right to challenge an arbitral award.
In addition, third-party opposition to arbitral awards would no longer be permitted. However, third-party proceedings could allow third parties to intervene against recognition and enforcement of awards (arts. 117 and 129, 81 of the draft code).
Jurisdiction for such matters – including appeals concerning recognition or annulment of international arbitral awards – would be concentrated in the Paris Court of Appeal. These cases would be heard by that court’s International Commercial Chamber.
Documents could be submitted in English without translation, and non-French-speaking parties would be allowed to speak English, even where hearings are held in French.
Furthermore, procedural documents such as certificates would no longer need to be handwritten.
An award may be set aside, or its recognition refused, only if the tribunal wrongly accepted or declined jurisdiction, was improperly constituted, exceeded its mandate, violated the principle of adversarial proceedings, or rendered an award contrary to public policy (in domestic arbitration) or international public policy (in international arbitration).
Article 1 allows such arbitration to be organised through an agreement that expressly refers to this mechanism. Article 2 provides that a request for arbitration may be submitted on behalf of either a clearly defined group of claimants or a group to be determined at a later stage.
The adoption of the reform will follow a three stage process: regulatory measures are expected to be implemented by the Autumn of 2025, followed by legislative provisions in early 2026, and culminating in the enactment of the full Arbitration Code by the summer of 2026. This phased approach is expected to ensure a smooth transition to a modernised and coherent arbitration framework.
With France being a leading seat for international arbitrations, the proposed reform should be of interest to all arbitration users.
Key reform proposals
Some of the proposed changes mark a significant departure from the current legal framework.The central proposal is the creation of a dedicated and comprehensive Code of Arbitration, aimed at codifying and affirming the autonomy of French arbitration law.
Currently, French arbitration law is primarily codified in the French Code of Civil Procedure, which contains separate provisions for domestic and international arbitration. Additional relevant rules appear in a number of other codes, including the Civil Code, Consumer Code, Labour Code and Intellectual Property Code, all of which have been further developed through precedent emanating from the French Courts.
The reform also aims to replace the dual structure distinguishing domestic and international arbitration with a unified legal framework.
Another major innovation is the extension of arbitration to certain areas previously excluded, such as family, consumer and employment-related disputes.
Guiding principles
The draft code opens with a definition of international arbitration as "a jurisdictional method of settling disputes" involving "international economic interests", followed by a set of guiding principles that largely reflect existing French law, including:
- the obligation of independence and impartiality of arbitrators;
- the competence of the arbitral tribunal to rule on its own jurisdiction;
- the confidentiality of proceedings;
- the principle that the setting aside of an arbitral award at the seat of arbitration does not, in itself, prevent its recognition or enforcement in France; and
- the principle that no party may invoke its own domestic law to challenge either the arbitrability of the dispute or its own capacity to arbitrate once it has consented to arbitration.
Law applicable to the arbitration agreement
Unlike the UK reform, the French working group does not propose a default rule. Instead, it favours party autonomy. In the absence of a choice of law, the arbitral tribunal would apply the law it deems most appropriate.Simplification of formalities
The draft code also proposes eliminating formal requirements for the validity of arbitration agreements to reduce unnecessary litigation.Similarly, purely formal grounds for annulment of arbitral awards would be abolished.
Procedural innovations
The reform introduces several changes to arbitration-related litigation and appeals procedures.Under the draft text, the parties would be able to seek enforcement of provisional measures ordered by the arbitral tribunal before the French judge with authority to issue orders related to the arbitration ("juge d’appui"). It is not specified at this stage whether that also includes decisions of emergency arbitrators.
Another notable reform is that parties would no longer be permitted to waive in advance their right to challenge an arbitral award.
In addition, third-party opposition to arbitral awards would no longer be permitted. However, third-party proceedings could allow third parties to intervene against recognition and enforcement of awards (arts. 117 and 129, 81 of the draft code).
Jurisdiction for such matters – including appeals concerning recognition or annulment of international arbitral awards – would be concentrated in the Paris Court of Appeal. These cases would be heard by that court’s International Commercial Chamber.
Documents could be submitted in English without translation, and non-French-speaking parties would be allowed to speak English, even where hearings are held in French.
Furthermore, procedural documents such as certificates would no longer need to be handwritten.
Judicial review of arbitral awards
The draft preserves the existing limited grounds for challenging an award under Article 81 of the draft Code.An award may be set aside, or its recognition refused, only if the tribunal wrongly accepted or declined jurisdiction, was improperly constituted, exceeded its mandate, violated the principle of adversarial proceedings, or rendered an award contrary to public policy (in domestic arbitration) or international public policy (in international arbitration).
Access to arbitration despite impecuniosity
A pragmatic feature of the reform addresses cases where a party is unable to afford arbitration. In such instances, the matter could be referred to the "juge d’appui", specifically the president of the Paris Judicial Court, who would be empowered to take all necessary measures to allow the arbitration to proceed despite a party’s financial hardship.Mass arbitration
Finally, the working group’s draft introduces the possibility of mass or group arbitration.Article 1 allows such arbitration to be organised through an agreement that expressly refers to this mechanism. Article 2 provides that a request for arbitration may be submitted on behalf of either a clearly defined group of claimants or a group to be determined at a later stage.
Conclusion
The proposed reform of French arbitration law aims to establish a single, separate, and comprehensive Code of Arbitration that brings together all provisions governing arbitration in one unified instrument. It seeks to unify domestic and international arbitration rules, with only limited exceptions, thereby simplifying the current dual structure.The adoption of the reform will follow a three stage process: regulatory measures are expected to be implemented by the Autumn of 2025, followed by legislative provisions in early 2026, and culminating in the enactment of the full Arbitration Code by the summer of 2026. This phased approach is expected to ensure a smooth transition to a modernised and coherent arbitration framework.
If you have any questions or would like to discuss any of these topics and what they mean for you and your business, please contact our International Arbitration experts below.
