Nevertheless, this principle does not necessarily require that the “fate” of these two agreements be always different. Certain grounds that invalidate the underlying agreement may also affect the validity of the arbitration agreement. For example, where it is established that one or both parties are unable to enter into the agreements, both agreements are deemed void. Similarly, the arbitration agreement is assigned to a third party when the underlying agreement is assigned (provided that the assignee agrees to the arbitration). In a recent decision, the High Court had to interpret the dispute resolution rules of a multi-million euro contract drawn up by the applicant on the basis of a request received from a Google internet search. Although the English Court of Appeal discussed the possibility of staying the proceedings until the French court ruled on the application for nullity, it ultimately decided that a stay was not necessary7. the investigation must always consist in discovering the law with which the [arbitration agreement] has the closest and most real connection. As a general rule, an arbitration agreement will have a closer and more real connection with the place where the parties have opted for arbitration than with the place of law of the underlying contract where the parties have deliberately chosen to settle disputes arising out of a contract in a single place; which is subject to the law of another place. [12] This is often the case for large-scale construction or infrastructure contracts (including, but not limited to) the tailor-made variant where dispute resolution clauses, where they have not been lent in the wholesale trade from a boiler platform used in the past by transaction lawyers, are often among the last clauses that the commercial and technical teams conducting the negotiations, 1995, 1995, 1995 These clauses are also among the first stopping points for any lawyer responsible for settling a subsequent dispute. In cases where different stages of the preparation of a multi-stage clause are considered to be conditions precedent for the opening of arbitration proceedings, difficult issues may arise, often treated differently by national courts in different jurisdictions.

As a result, there is no single internationally recognized “best practice” position in this regard. Some examples are discussed below. It therefore remains to be ascerted whether the French Court of Appeal will be sensitive to the argument that the arbitration agreement is null and void and that a reasoned arbitral award that upheld the arbitration agreement is also void. According to the principle of severability, the ineffectiveness of the underlying agreement does not affect the arbitration clause; Similarly, the ineffectiveness of the arbitration clause does not result in the ineffectiveness of the underlying agreement.. . . .