Under French law, can a contract switch from arbitration to mediation midstream, and what rights could be affected?

Question

We signed a commercial contract in France that includes binding arbitration. Now one party wants to switch to mediation instead of arbitration. I'm worried about deadlines, confidentiality, and whether changing track could affect remedies or enforceability of a future arbitral award.

Tekin Law Firm · Accepted Answer

I am ICC (Paris), LCIA (London) and CIETAC (China) arbitrator. If you have signed a contract that includes a binding arbitration clause for your dispute, you need to apply to the arbitration institution specified in the contract or pursue ad hoc arbitration. Otherwise, you can object to the jurisdiction of the court for dispute resolution and request that the dispute be resolved in arbitration.

Tekin Law Firm · Answer

I am ICC (Paris), LCIA(London) and CIETAC (China) arbitrator. If you had signed contrat that includes binding arbitration clause four your dispute you need to apply to the arbitration institution which you have specified in the contract or ad hoc arbitration. Otherwise, you can object to the jurisdiction of the court for dispute resolution and request that the dispute be resolved in arbitration.

Ojeda y Caro S. C. · Answer

First of all, whether it's a local commercial or an international contract? The rules change. We might assist you locally.

Ojeda y Caro S. C. · Answer

First of all, whether it's a local commercial or an international contract? The rules change. We might assist you locally..

Under French law, can a contract switch from arbitration to mediation midstream, and what rights could be affected?

Respostas de Advogados

Tekin Law Firm

Tekin Law Firm

Ojeda y Caro S. C.

Ojeda y Caro S. C.

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