The Ancel-Clay report was submitted to the Minister of Justice on 20 March 2025, which aims to reinforce Paris' position as a leading international arbitration hub. Co-chaired by Judge François Ancel and Professor Thomas Clay, the working group recommends the creation of a standalone Arbitration Code, comprising:
- 146 articles and 40 proposals
- A streamlined, accessible structure for both domestic and. international arbitration
- Consolidation of existing laws and case law into a coherent legal corpus
It is important to note that the reform does not discard the significant progress made under the 2011 decree, but rather seeks to adapt it in a modernised international context that aligns with evolving market demands.
Below is a summary of the reform's key objectives:
- Autonomy: Removing arbitration from the civil procedure code to emphasize its distinct nature
- Efficiency and Predictability: Enhancing procedural clarity for users and practitioners
- Attractiveness: Positioning Paris as a more competitive venue for arbitration, on par with London, Singapore, and Dubai
The reform has sparked a rich debate among practitioners. Whilst the arbitration community largely welcomes the effort to modernise and clarify the law, certain concerns have been raised:
- Need for greater consultation with arbitration professionals
- Lack of precision on cost control: a key concern for users
- Open questions on the scope of “internationality” and the integration of ethics and procedural safeguards
During the roundtable discussion, it was raised that the reform offers an opportunity to rethink the role of ethics in arbitration, with some participants calling for a codified set of professional standards for arbitrators.
A strategic moment for Paris: this initiative is part of a broader ambition to use legal reform as a tool of economic diplomacy. By reinforcing the clarity and accessibility of its arbitration framework, France seeks to solidify its influence and adapt to global shifts in dispute resolution.
In conclusion, at a time when many jurisdictions are modernising their arbitration regimes, this project may prove essential to keeping Paris at the forefront of international dispute resolution.