Arbitration and Public Entities in France: Navigating the Unknown?

On 17 October 2023, the French highest administrative court, the Conseil d'État, held that French public entities cannot refer their disputes to international arbitration, subject to derogations provided by express legislative provisions or international conventions. This decision which contradicts the case law of the French Court de Cassation contributes to the creation of two distinct enforcement regimes in France in matters involving public entities, depending on the parties to the arbitration agreement and the subject matter of the contract that gave rise to the dispute. [ABSTRACT FROM AUTHOR]