
The World’s Popular Arbitral Seats (2)

3. Paris, France
Articles 1442 to 1527 of the French Code of Civil Procedure govern domestic and international arbitration proceedings seated in France. France chose not to adopt UNCITRAL Model Law although arbitration law in French is generally coincides with the basic principle of Model Law.
The characteristics of French arbitration law emphasize party autonomy, in which parties have broad autonomy to manage the arbitration as they think appropriately under the due process standard set forth. Thus, both parties can choose their arbitrators, the language of the arbitration, and the rules of laws they would like to enforce.
The court approach towards arbitration
French courts provide strong supports on arbitration and decline to intervene in any dispute that may result in the application of arbitration clauses.
The Paris Civil Court (Tribunal de Grande Instance) includes the specialized judges that can hear and deliberate all disputes relating to an arbitrator’s appointment or the commencement of the arbitration.
The Paris Court of Appeal also specialized in dealing with international arbitration promptly.
Arbitral Centers
ICC (ICC International Court of Arbitration) is the prominent international arbitral center in France.
Confidentiality
France’s arbitration proceeding is subjected to the confidentiality principle. This principle may be stated in the arbitration agreements. The parties can specifically enforce confidentiality in certain arbitration components or limit its application on the arbitral award.
Grounds of challenge
An arbitral award is final and cannot be appealed on the ground of merits except if the parties have agreed otherwise.
A party may ask for the arbitral award to be set aside on the limited grounds as stipulated in Article 1491 and 1492 of the French Code of Civil Procedure. The grounds include when the arbitral tribunal had assumed jurisdiction wrongly, the arbitral tribunal appointment irregularity, the court’s failure to comply with the terms of reference, the tribunal’s failure to give a party opportunity to present its case, the arbitral award that violated the public policy; the award that did not include the reasoning, name list and signatures of arbitrators that deliberated the case, or the award that did not make with a majority vote.
Enforcement
France has signed and ratified the New York Convention (subject to a reciprocity reservation). Therefore, France may enforce foreign arbitral awards from the contracting party country in France.
4. Singapore
Singapore’s international arbitration law is enforced under International Arbitration Act (IAA), Cap. 143A, which is based on the 1985 UNCITRAL Model Law that can be executed within Singapore.
Singapore’s International Arbitration Act provides both parties with the power to freely agree on the arbitral procedures. The 1985 UNCITRAL Model Law will be enforced when the agreements did not stipulate any specific proceedings or when the parties cannot mutually agree on which law to enforce on their arbitration.
The court approach towards arbitration
Generally, Singapore courts will apply the principle of arbitration to support Singapore’s efforts to encourage more arbitral procedures to resolve commercial disputes, especially international disputes involving foreign parties.
Arbitral Centers
Singapore International Arbitration Centre (SIAC) is Singapore’s most prominent arbitral center.
Confidentiality
Singapore courts recognize confidentiality in the arbitral proceeding. Thus, the courts will imply confidentiality on a regular basis over the arbitral procedures and any document created or received during the arbitral procedures unless it is necessary to be disclosed, subject to the implied exception. Confidentiality will also apply to the arbitral award when a successful party seeks a registration and enforcement of an award.
Grounds of challenge
There is no right to appeal to the court for international arbitration regarding the legality against the arbitral award. An arbitral award can only be challenged through the application to set aside an award under International Arbitration Act. The grounds for challenge include the invalidity of the arbitration agreement, the violation of public policy, the judgments made on other matters beyond the scope of deliberated arbitration, non-arbitrability of the subject matter of the dispute, the violation of rules of natural justices. The International Arbitration Act also does not stipulate whether the parties can exclude the right to have the award set aside.
Enforcement
Singapore ratified the New York Convention; therefore, the arbitral awards made under Singapore jurisdiction can be enforced in other jurisdictions with such a Convention. The foreign arbitral awards can likewise enforce within Singapore court jurisdiction. Or if the New York Convention is applicable, the arbitral awards can be made judgments or orders of the High Court.
5. Stockholm, Sweden.
The Swedish Arbitration Act of 1999 regulates domestic and international arbitration proceedings in Sweden. The Swedish Arbitration Act is similar to UNCITRAL Model Law.
The Swedish Arbitration Act stipulates that arbitration will proceed with disputes impartially and promptly.
The court approach towards arbitration
The Swedish courts support arbitration in general.
Arbitral Centers
Arbitration Institute of the Stockholm Chamber of Commerce (SCC) is Sweden’s most prominent arbitral center.
Confidentiality
Parties do not have a general duty of confidentiality under The Swedish Arbitration Act. Nonetheless, there are other statutory obligations subjected to different laws to keep confidentiality. Therefore, there should be a consideration on including the confidentiality clause into arbitration agreements for complete confidentiality.
Grounds of challenge
In Sweden, arbitral awards are final and cannot be appealed on the merits. However, some grounds may apply for the arbitral awards to be set aside, such as the mandate was exceeded by the tribunal or the irregularity during the course of proceedings that presumably affected the deliberation of judgment. Non-Swedish may exclude or limit these grounds for setting aside an award.
Moreover, certain mandatory grounds deem the awards invalid, including the issues that are out of scope of Swedish arbitration law, an award that breached public policy, an award did not produced in writing or signed by a majority of arbitrators.
Enforcement
Sweden has signed and ratified New York Convection with no reservations; therefore, the arbitral awards from contracting parties of the New York Convention other than Sweden shall be enforced within Sweden regardless of the country of issuance.
Reference:
- https://files.klgates.com/files/upload/guidetoleadingarbitralseatsandinstitutions.pdf
- http://arbitrationblog.kluwerarbitration.com/2018/05/17/tbc/
- http://arbitrationblog.kluwerarbitration.com/2018/06/10/seat-arbitration-important-simple/
- https://www.claytonutz.com/ArticleDocuments/178/Clayton-Utz-Guide-to-International-Arbitration-2012.pdf.aspx?Embed=Y
- https://www.ashurst.com/en/news-and-insights/legal-updates/introduction-to-international-arbitration/