The Breach of a Mediation Clause Can Go Unpunished Under French Law: What to do? – Kluwer Arbitration Blog, 03/07/2023
The French Supreme Court (“Cour de cassation”) has ruled (1st February 2023, No. 21-25.024) that the breach of a mediation clause is not a matter of jurisdiction and as such cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented prior to the arbitration procedure.
One may think that after this ruling, the breach of a mediation clause cannot receive proper sanction. However, several grounds can be raised in order to enforce a mediation clause.