International Commercial Arbitration at French Guiana (France)
Here’s an overview of International Commercial Arbitration in French Guiana, which is an overseas department/region of France, so French law applies:
International Commercial Arbitration in French Guiana (France)
1. Legal Framework:
French Guiana is an overseas region of France, so French law fully applies, including the French Code of Civil Procedure (especially Book IV on arbitration).
France is a signatory to the New York Convention (1958), and French arbitration law is considered one of the most developed and arbitration-friendly in the world.
The French arbitration law covers both domestic and international arbitration.
2. Arbitration Institutions:
Arbitration in French Guiana is typically conducted under the same institutions as in mainland France.
The International Chamber of Commerce (ICC) headquartered in Paris is the most prominent arbitration institution used.
Other institutions like the French Arbitration Association (AFA) also provide arbitration services.
There are no specific regional arbitration institutions based in French Guiana, but local courts recognize and enforce arbitration awards under French law.
3. Arbitration Agreement:
Parties must have a written arbitration agreement (in contracts or separate agreements).
The agreement can specify seat, rules, number of arbitrators, and language.
4. Seat of Arbitration:
The seat of arbitration can be anywhere parties agree. Often for international contracts involving French Guiana, Paris is chosen as the seat due to legal expertise and infrastructure.
The seat determines procedural law and the courts with supervisory jurisdiction.
5. Court Support & Supervision:
French courts, including those that have jurisdiction over French Guiana, actively support arbitration by enforcing arbitration agreements and awards.
They provide limited supervisory control and can grant interim measures if requested.
6. Recognition and Enforcement:
Awards are enforceable under the New York Convention framework.
French courts are known for their efficiency and pro-arbitration stance.
7. Advantages:
Access to a mature legal framework via French law.
Arbitration benefits from French neutrality and well-established jurisprudence.
Flexibility in procedural rules and party autonomy.
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