International Commercial Arbitration at French Polynesia (France)
Here’s a detailed overview of International Commercial Arbitration in French Polynesia, which is an overseas collectivity of France, so French law generally applies:
International Commercial Arbitration in French Polynesia (France)
1. Legal Framework:
French Polynesia is an overseas collectivity of France, so the French legal system, including French arbitration law, applies unless specifically modified by local statutes.
Arbitration in French Polynesia is governed primarily by the French Code of Civil Procedure, which contains comprehensive provisions on arbitration.
France is a party to the 1958 New York Convention, ensuring recognition and enforcement of international arbitral awards.
French arbitration law is considered modern and arbitration-friendly, reflecting international best practices.
2. Arbitration Institutions:
There are no local arbitration institutions based specifically in French Polynesia.
Parties typically use established French or international institutions, such as:
The International Chamber of Commerce (ICC) (Paris)
The French Arbitration Association (AFA)
Other international arbitration bodies like the LCIA or SCC depending on the parties’ agreement.
3. Arbitration Agreement:
A valid arbitration agreement (in writing) is required.
Parties may specify the seat of arbitration, applicable rules, number of arbitrators, and procedural details.
4. Seat of Arbitration:
Parties often choose Paris or another French city as the seat due to the availability of arbitration infrastructure and expertise.
The seat determines the procedural law governing the arbitration and the court jurisdiction for supervision.
5. Court Support & Supervision:
Courts in French Polynesia recognize and enforce arbitration agreements and awards under French law.
French courts provide limited supervision, mostly focused on supporting the arbitration process (e.g., enforcement of interim measures).
6. Recognition and Enforcement:
Arbitral awards are enforceable under the New York Convention framework via French courts.
Enforcement in French Polynesia follows the same legal procedures as in mainland France.
7. Advantages:
Access to the robust, well-established French arbitration framework.
Flexibility, neutrality, and party autonomy in arbitration proceedings.
Strong judicial support for arbitration and enforcement of awards.
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