International Arbitration

Running head: INTERNATIONAL ARBITRATION
International Arbitration
Name of the Student
Name of the University
Author Note

1INTERNATIONAL ARBITRATION
Situation Analysis:
After evaluating the given case study, it can be stated that the incident took place at the
headquarters of Paris of both the companies. There was an arbitration agreement between Bricks
and Jovella which was arranged to be seated in London. However, there was no presence of
arbitration clause in the contract between Jovella and Nuts. The Arbitration Act 1996 provides
that in the absence of any arbitral clause in the agreement, the contract is declared to be void by
the courts (Goode 2014). Therefore the provisions of the Arbitration Act 1996, has to be applied
in answering the situations arising out of the case study.
Answer 1:
The Parisian Courts must determine the purposes of the Arbitration Act and therefore
allow the parties- Bricks and Jovella to resolve their disputes through the process of arbitration.
It can be observed that the UNCITRAL Model Law has not been adopted by France.
Therefore, the legal framework of France undermines the Articles 2059 and 2061 of the Code of
Civil Procedure in order to regulate the matters regarding domestic and international arbitration
(Gaillard 2014). The Parisian Court of Session deals with both the domestic and international
arbitration. A matter of arbitration is deemed to be international when the international
commercial interests are at loss according to Article 1504 of the Code of Civil Procedure
(Trakman 2014). However, disputes regarding transaction do not necessarily occur in a particular
country. In Fulham Football Club (1987) Limited v (1) J. Sir David Richards and (2) The
Football Association Premium League Limited [2011] EWCA Civ 855, the Parisian Court of
Session decided that commercial disputes can be arbitrated as the process of litigation is time
consuming.