25 February 2026
French arbitration law reform: How will proposed changes from the draft decree impact practice?
A project to reform French arbitration law has made significant progress, with some proposed changes expected to be formally adopted this year. This insight outlines the practical implications of some of the draft decree’s key proposed changes for parties involved in arbitration in France, highlighting those reforms that appear to enjoy broad support, and those that remain the subject of ongoing debate.
What is the background to the proposed reforms?
In the autumn of 2024, 13 years after the last major reform of French arbitration law (Decree No. 2011-48 on the reform of arbitration dated 13 January 2011), the French Minister of Justice (Garde des Sceaux) established a Working Group to assess whether further reform was needed. Based on that group’s report, the Minister announced a three-step reform process in April 2025, with the ultimate goal of a new French Arbitration Code . The stated objective is to “ensure, through constant adaptation and modernization, the effectiveness of French arbitration law […] with a view to enhancing the attractiveness of Paris as an arbitration venue.”
On 12 December 2025, as part of the first phase of this process, the Ministry of Justice published a draft decree reflecting proposals that had reached broad consensus, and opened a public consultation that ran until 20 January 2026.
Which proposed reforms seem to have widespread support ?
Domestic awards may be enforced immediately
Currently, under Article 1496 of the Code of Civil Procedure, filing an appeal or annulment action against a domestic arbitral award suspends its enforcement. The draft decree abolishes this suspensive effect, making immediate enforceability the general rule, which aligns with international arbitration (Article 1526 of the Code of Civil Procedure) and the rules applicable to French judgments (Article 514 of the Code of Civil Procedure according to which: “[d]ecisions rendered at first instance are, as a matter of law, provisionally enforceable, unless otherwise provided by law or by the decision itself” ).
A losing party may still seek a stay of enforcement from a French court under Article 1497, but only if enforcement “is likely to seriously harm their rights" – a stricter standard than the previous “manifestly excessive consequences” test.
These changes should reduce incentives for dilatory challenges to enforcement.
Provisional measures ordered by arbitral tribunals may be granted enforceability
Although arbitral tribunals may currently order provisional or conservatory measures, such measures do not qualify as “awards” and therefore cannot be directly enforced before courts in France.
Article 1468 of the draft decree would allow a party to apply to the supporting judge (juge d'appui) for an order granting enforceability – a significant development for parties who obtain urgent interim relief from an arbitral tribunal and need to preserve assets or evidence quickly. Enforcement may be refused if it would “seriously harm” the other party’s rights or violate public policy.
Arguments not raised during the arbitration may not be raised later
Under proposed Article 1466, a party that fails to raise “an irregularity, a grievance, or an argument” before an arbitral tribunal in a timely manner will be deemed to have waived the right to invoke it in subsequent court proceedings.
This reform addresses the situation, recently criticized by the Paris Court of Appeal (Paris Court of Appeal, 30 September 2025, No. 23-11.499), where parties withhold certain jurisdictional objections during the arbitration and raise them only after an unfavourable award (Cass., civ., 1, 2 December 2020, No. 19-15.396, Schooner). Parties should therefore ensure that all potential objections and arguments, including those relating to jurisdiction, are raised when possible during the arbitral proceedings, as failing to do so may permanently forfeit the right to challenge the award on those grounds (except in certain cases relating to international public policy).
Electronic awards are expressly recognized
The draft decree expressly authorizes awards to be rendered electronically, provided that the processes used ensure their integrity and conservation (see amended Articles 1479-2 and 1515). It also allows, in both domestic and international arbitration proceedings, an “exemplaire” of the award (ie, the original or a reliable copy) to be produced in enforcement or recognition proceedings, thereby removing lingering uncertainty regarding the validity and enforceability of electronically signed and transmitted awards (see amended Articles 1487 and 1516).
The court’s ability to adapt the confidentiality of the procedure to the needs of the case
A proposed new Article 1527-5, which would apply to international arbitration-related court proceedings before the Court of Appeal, addresses two issues:
- The Court can decide in some cases to derogate from the principle of public hearings (by reference to Article 435 of the Code of Civil Procedure); and
- In light of confidentiality concerns, the court may also, at the request of one or more parties, adapt its reasoning and the modalities of publicity of its decision.
This better addresses the confidentiality concerns of parties in international arbitration-related court proceedings. As scholars and practitioners are calling for broader rules on confidentiality, including with regard to the arbitral proceedings themselves, this proposal is likely to be only the first step toward additional express rules on confidentiality which are found in other national arbitration laws and some arbitration rules.
The arbitral tribunals’ power to liquidate penalties it has imposed
The draft decree introduces new Article 1470 1, allowing arbitral tribunals to issue awards liquidating penalties (astreintes) they have previously imposed on a party during the course of the arbitral proceedings – a power not expressly recognized under current law. This enhances the effectiveness of tribunal decisions.
To our knowledge, there is only one publicly available precedent in the jurisprudence on this point (AVZI, GLH and Dathcom v. Cominière, ICC Case No. 27720/SP/ETT/SVE, Partial Award, 10 March 2025). This express recognition will therefore avoid any future debate on the power of an arbitral tribunal to liquidate penalties.
Use of English language permitted in international arbitration-related proceedings before the International Commercial Chamber of the Paris Court of Appeal
The proposed new Articles 1527 3 and 1527 4 codify several practices inspired by the procedural protocol currently in use before that Chamber: (i) evidence may be submitted in English without translation; and (ii) foreign parties, counsel, witnesses, and experts may address the court in English. These measures may help reduce costs and procedural complexity for international parties challenging or defending awards in France.
Which proposed reforms seem to have less support?
Abolition of the writing requirements for domestic arbitration agreements
Currently, Article 1443 of the Code of Civil Procedure requires a domestic arbitration agreement to be in writing, “under penalty of nullity.” The draft decree proposes to abolish this formal requirement, thereby aligning domestic arbitration with international arbitration (see Article 1507 of the Code of Civil Procedure).
This proposal has generated some debate. Critics (such as Mr. Ortscheidt) argue that:
- Oral arbitration agreements may create disputes regarding the existence and the scope of the arbitration agreement; and
- Courts may face difficulties in determining whether an agreement to arbitrate is “manifestly inapplicable” without written evidence.
While this provision may still be amended or withdrawn following the consultation process, other commentators (such as Prof. Mainguy, Prof. Jourdan-Marques and Prof. Mouralis) have expressed support for the change, observing that written form requirements are now exceptional and that their removal may help limit disputes rooted in procedural formalism.
Single proceedings relating to multiple contracts or arbitration agreements
A proposed new Article 1462 1, inspired by existing rules of civil procedure (Article 367 of the Code of Civil Procedure) and institutional arbitration rules (such as Articles 9 and 10 of the ICC Rules or Articles 13 and 14 of the CMAP Rules), would allow, where the parties consent, an arbitral tribunal to hear multiple claims arising out of several contracts or falling within the scope of multiple arbitration agreements in a single arbitration.
This new provision would enable tribunals, in particular in ad hoc proceedings, to gain a clearer understanding of the facts and the contractual structure when several contracts or agreements are involved which will ultimately benefit the parties involved.
However, the opposition of a single party would prevent consolidation. This safeguard is aimed at avoiding situations where, for example, a party with a smaller claim would be joined to a more complex and costly arbitration. This aspect has nonetheless been criticized (in particular by Prof. Jourdan-Marques) as creating potential for dilatory tactics, and might therefore be modified following the consultation process.
What's next?
- First half of 2026: Review of the comments received during the consultation process and adoption of Phase 1 draft decree (ie, the most uncontentious proposals).
- Spring 2026: Adoption of Phase 2 decree (potentially addressing several of the working group’s proposals that were not incorporated into the Phase 1 draft decree such as suppressing the appeal mechanism in domestic arbitration (Proposal No. 31) and the possibility of a party to waive its right to annulment proceedings in international arbitration (Proposal No. 20), the introduction of a mechanism to address a party’s insolvency (Proposal No. 19), the introduction of group action arbitration (Proposal No. 27), as well as the ability for national courts to stay proceedings to enable the arbitral tribunal to correct its award so as to secure its recognition or enforcement and avoid annulment (Proposal No. 38)).
- Autumn 2026: Promulgation of a comprehensive Arbitration Code.
We are closely monitoring this reform project and will provide further updates as the first decree is finalized and the reform progresses.
If you have any questions about how these changes may affect your pending or contemplated arbitrations in France, do not hesitate to contact us.
The authors would like to thank Ms. Alix Eichenlaub for her assistance in the preparation and review of this briefing note.
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