Papers by International Counsel and Arbitrator Denis Bensaude

New York- and Paris-licensed counsel and arbitrator Denis Bensaude spoke to HIAC on the 11th of November on recent developments in France since the new French Arbitration Law. Denis has written extensively in English and French on arbitration generally, with a special focus on France.

Below are some of the papers and articles that Denis has made available to HIAC members:


The 2011 arbitration decree in French, and from the French official website

Denis’ translation in English of the French 2011 decree

Articles in English on French international arbitration law published in Mealey’s with J. Kirby:

100622 ViewfromParis.pdf






Malecki v. Longs: Truncated Tribunals and Waivers of Dutco Rights, 23(1) J. Int’l Arb. 82 (2006)

The International Law Association’s Recommendations on Res Judicata and Lis Pendens in International Commercial Arbitration, 24(4) J. Int’l Arb. 415 (2007)

S.A. Otor participations v. S.A.R.L. Carlyle (Luxembourg) holdings: Interim Awards on Provisional Measures in International Arbitration, 22(4) J. Int’l Arb. 357 (2005)

Thalès Air Defence v. GIE Euromissile: Defining the Limits of Scrutiny of Awards Based on Alleged Violations of European Competition Law, 22(3) J. Int’l Arb. 239 (2005)

Presentation of the IBA Rules on the Taking of evidence, 2010, Rev. Arb. 2011.1109

 Expiry of the arbitration agreement and extension of the deadline to render the award in ICC arbitration, note following the March 6 and June 12, 2003 decisions of the Paris Court of Appeals, 2004 Rev. arb. 887

Interpretation of the award and Article 1153-1 1st paragraph of the Civil Code, note following the Nov. 6, 2003 decision of the Paris Court of Appeals, 2004 Rev. arb. 631

Nineteen existing issues of Denis’ “Gazette du Palais” chronicles (June 2010 to date)

Denis’ piece on EGPC, addressed during his recent presentation to HIAC

Denis’ commentary on the previous French law on international arbitration and his commentary on the current French law on arbitration are available upon request to the author