France Enacts New Arbitration Procedure Reform

France adopted Decree No. 2026-741, amending provisions of the Code of Civil Procedure governing both domestic and international arbitration. Published in the Journal officiel on 7 August 2026, Decree No. 2026-741 introduces a series of procedural changes addressing the conduct of arbitral proceedings, the form and treatment of awards, and the interaction between arbitral tribunals and the French courts. Subject to transitional provisions, Decree No. 2026-741 will enter into force on 1 January 2027.

Among the changes, the Code of Civil Procedure will expressly permit claims relating to several contracts to be brought within a single arbitration in circumstances defined by applicable institutional rules or, in their absence, where the parties do not object and the arbitration agreements are compatible.

The amended provisions also direct arbitral tribunals to adapt the procedure to the complexity and stakes of the dispute. Decree No. 2026-741 codifies a definition of an arbitral award, expressly accommodates awards in electronic form subject to requirements concerning integrity, preservation and electronic signature, and enables an arbitral tribunal to liquidate a penalty payment that it has ordered.

Decree No. 2026-741 also changes the judicial architecture surrounding arbitration. The juge d’appui receives additional powers concerning the provisional enforcement of certain interim or conservatory measures ordered by arbitral tribunals and, in international arbitration, assistance in obtaining documents held by third parties in France. Decree No. 2026-741 establishes procedural mechanisms for the recognition of international and foreign arbitral awards and provides that challenges to domestic arbitral awards will no longer automatically suspend enforcement.

In proceedings concerning international arbitral awards, the revised provisions of the Code of Civil Procedure also facilitate the production of foreign-language materials and, with appropriate interpretation, the use of foreign languages by parties, witnesses, experts and counsel.