18 Pages Posted: 12 May 2011 Last revised: 9 May 2012
Date Written: May 10, 2011
Since 2005, the French supreme court has ruled that the “rule of estoppel” is part of the French law of arbitration, and prevents parties from contradicting themselves when challenging arbitral awards before French courts. This Article explores why the French supreme court found it useful to openly borrow a common law doctrine while the application of old French rules had long enabled the court to sanction the very same strategic behavior. I argue that, although economic attractivity might have played a role, this legal transplant ought to be explained first and foremost by the willingness of the court to enhance its reputation, both collective and of its individual members.
Keywords: legal transplant, estoppel, reputation, judges, arbitration, arbitral awards
Suggested Citation: Suggested Citation
Cuniberti, Gilles, Enhancing Judicial Reputation Through Legal Transplants - Estoppel Travels to France (May 10, 2011). American Journal of Comparative Law, Vol. 60, No. 2, p. 383, 2012. Available at SSRN: https://ssrn.com/abstract=1837576 or http://dx.doi.org/10.2139/ssrn.1837576