2011 프랑스 개정 민사소송법의 주요 내용과 시사점

It has been passed thirty and thirty one years since domestic and international arbitration decrees in French Civil Procedure Code were passed, respectively. For decades, France has been considered the most arbitration-friendly jurisdiction throughout the world. On 13 January, 2011, France issued a new decree revising the provisions of the French Civil Procedure Code pertaining to arbitration (hereinafter the “Decree”) which entered into force on 1 May, 2011. This paper principally discuss the major revised contents, focusing on French International Arbitration Law in the Decree and the lessons which the Decree holds for the Arbitration Act of Korea. It was found that the purpose of the Decree was primarily designed to capture the well-established pro-arbitration case law the French courts have developed over decades and enshrine them in the Decree. Furthermore, the Decree also introduces significant innovative provisions which aim at attracting parties to international arbitration to French seats even if the there is no connection between the case and France. The Decree also minimizes intervention of the national courts and increases the freedom to tailor the arbitral proceedings to parties wishes. In-depth examination of these classical and innovative position of the Decree will certainly serve as a source of inspiration for the revision of the Arbitration Act of Korea in the near future.