International Commercial Arbitration at Wallis and Futuna (France)
Here’s an overview of International Commercial Arbitration in Wallis and Futuna:
1. Jurisdictional Context
Wallis and Futuna is a French overseas collectivity in the South Pacific.
It is not an independent sovereign state but part of the French Republic.
Therefore, French law applies, including French arbitration laws and international commitments.
2. Legal Framework
Arbitration in Wallis and Futuna is governed by French arbitration law, as the territory follows French civil law.
France has a modern and comprehensive arbitration framework, governed by:
The French Code of Civil Procedure (Book IV on Arbitration)
Incorporation of the UNCITRAL Model Law principles
French arbitration law covers both domestic and international arbitration.
3. Recognition and Enforcement
France is a signatory to the 1958 New York Convention.
Foreign arbitral awards are recognized and enforced under the New York Convention, including in Wallis and Futuna.
Enforcement is generally straightforward, with French courts known for a pro-arbitration approach.
4. Institutional Arbitration
Wallis and Futuna does not have its own arbitration institutions.
Parties typically use French or international arbitration institutions, such as:
ICC (International Chamber of Commerce) – Paris
Paris Arbitration Chamber
Other international bodies like LCIA or SIAC
5. Judicial Support
The courts responsible for arbitration-related matters are French courts.
These courts uphold arbitration agreements, assist in arbitrator appointments, and enforce arbitral awards.
They adopt a liberal approach to arbitration consistent with French arbitration policy.
6. Practical Considerations
Parties contracting in Wallis and Futuna typically rely on French arbitration law and institutional rules.
Arbitration clauses often specify Paris or another neutral venue as the seat of arbitration.
The legal predictability and enforcement mechanisms of French law make arbitration involving Wallis and Futuna reliable.
7. Summary
| Aspect | Status in Wallis and Futuna |
|---|---|
| Legal system | French law applies |
| Arbitration law | French Code of Civil Procedure (arbitration) |
| New York Convention | France is a party (enforced in Wallis and Futuna) |
| Local arbitration institutions | None; use French or international bodies |
| Judicial attitude | Pro-arbitration (French courts) |
8. Recommendations
Draft arbitration clauses referencing French arbitration law or specific institutions (ICC Paris recommended).
Consider Paris as the seat of arbitration for neutrality and legal certainty.
Use French or internationally recognized arbitration rules.
Consult French legal counsel if arbitration proceedings or enforcement arise.
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