SPOTLIGHT #27: Decree No. 2026-741 of 6 August 2026, French arbitration law reform is now law
The 2026 French arbitration decree has been published: Decree No. 2026-741 of 6 August 2026, issued in the Official Journal of 7 August 2026, substantially modernises French domestic and international arbitration law. The text transposes into the Code of Civil Procedure much of the report submitted to the Minister of Justice on 20 March 2025. Lead up avocats reviews the principal features of this reform.
Each month, in the “Lead up Spotlight”, we share with our colleagues, clients and prospective partners our analysis of a significant development in dispute resolution. This month’s development could not be more topical: the decree of 6 August 2026 is the first substantial overhaul of French arbitration law since Decree No. 2011-48 of 13 January 2011.
The “arbitration centre” is now written into the Code
Articles 1450 et seq. of the Code of Civil Procedure clarifies the notion of an “arbitration centre”, meaning an institution that organises arbitration proceedings under its own rules, as distinct from ad hoc arbitration conducted without an institution. This textual recognition specifies the role of arbitral institutions, such as the International Chamber of Commerce (ICC), Paris International Arbitration Chamber (CAIP), Association Française d’Arbitrage (AFA), Centre de Médiation et d’Arbitrage de Paris (CMAP) etc., in the conduct of proceedings.
Consolidation of proceedings and adapted procedural frameworks
The new Article 1462-1 allows the arbitral tribunal, meaning the arbitrators seized of a dispute, to hear claims arising from several related contracts within a single proceeding where the applicable arbitration rules permit it. Absent such rules, consolidation remains possible provided the arbitration agreements are compatible and no party objects. In addition, Article 1464 now requires parties and arbitrators to seek a procedure adapted to the complexity and stakes of the dispute, a principle of efficiency that runs through the whole reform.
A juge d’appui with strengthened powers
The juge d’appui, the supporting judge who assists arbitration proceedings when the arbitrators cannot act alone, sees his or her powers significantly extended. Indeed, the new Article 1468 now allows the juge d’appui to grant provisional enforceability to an interim or conservatory measure ordered by the arbitral tribunal, unless enforcement would seriously prejudice a party’s rights or would be contrary to public policy. Additionally, the judge rules under the accelerated procedure on the merits, ensuring a swift decision.
The arbitral award finally defined, and now digital
In the new Article 1478, the decree codifies a definition of the arbitral award drawn from case law: the act by which the arbitral tribunal finally determines, in whole or in part, the dispute submitted to it, whether on jurisdiction, on a procedural point capable of ending the proceedings, or on the merits. A notable innovation is that an award may now be issued in digital form and signed by way of a qualified electronic signature (which must guarantee the integrity and conservation of the signature), with the same legal force as a paper award. The arbitral tribunal may also, by way of an award, liquidate a periodic penalty payment (astreinte), meaning a sum due for each day of delay, that it has itself ordered (article 1468-1).
The end of automatic suspensive effect for domestic recourse
A substantive change for practitioners: an appeal or an action to set aside an award rendered in domestic arbitration no longer automatically suspends its enforcement. Only the first president of the Court of Appeal, seised on an urgent application (référé), a specific adversarial procedure, may now suspend enforcement where it would seriously prejudice a party’s rights. This change aligns the domestic regime with the international regime, where the absence of suspensive effect already applied.
International arbitration: a broader definition and a more open procedure
Article 1504 amends the definition of international arbitration, which now covers disputes affecting “international economic interests” rather than merely “international trade”, a notable widening of scope. Before the Court of Appeal ruling on recourse in international matters, parties may now submit documents in a foreign language without translation, unless the judge decides otherwise, and may address the court orally in a foreign language with the assistance of an interpreter, if allowed by the relevant judge.
Staggered entry into force: plan ahead now
The decree enters into force on 1 January 2027, but its application varies according to the provision concerned. Rules on the jurisdiction of State courts and on the definition of international arbitration apply to arbitration agreements concluded after that date. In addition, rules on consolidation of proceedings apply where the arbitral tribunal was constituted after that date. Rules on the award, its enforcement and available recourse apply to awards rendered after 1 January 2027. Careful reading of these transitional provisions is essential to determine which regime applies to any given ongoing proceeding.
This decree very largely confirms the elements that Lead up avocats had already identified in its Spotlight #14, on the March 2025 reform proposals. Comparing the two texts shows what the government retained from the original project, and what it set aside, in particular the idea of a standalone arbitration code.
In practice, businesses and institutions party to arbitration agreements should, without waiting for 1 January 2027, review their arbitration clauses to anticipate how related contracts may be consolidated, check whether their litigation insurance policies are consistent with the removal of suspensive effect for domestic recourse, and prepare for potentially immediate enforcement following an unfavourable award. We also note the amendment to Article 1448 of the Code, which now specifies that “[a]ny stipulation contrary to the rule set out [regarding the primacy of arbitral jurisdiction over state court jurisdiction] in the preceding paragraphs must be express and unambiguous,” whereas previously the sanction was to treat a contrary stipulation as null and void (deemed unwritten). Arbitrators and institutions, for their part, must adapt their rules and practices to the new possibility of digital awards.
Lead up avocats advises clients on auditing their arbitration clauses in light of this decree, on anticipating the risk of immediate enforcement following an unfavourable award, and on structuring consolidated arbitration proceedings. To discuss the impact of this reform on your contracts or pending proceedings, please contact our team or consult our Expertises page.
Primary source:
Decree No. 2026-741 of 6 August 2026, JORF No. 0183 of 7 August 2026 (Légifrance)