Enhancing Judicial Reputation through Legal Transplants Estoppel Travels to France

Abstract

Beginning in 2005, the French Supreme Court (Cour de cassation) has repeatedly ruled that the "rule of estoppel" is part of the French law of arbitration, and that it prevents parties from contradicting themselves when challenging arbitral awards before French courts. This Article explores why the Court found it useful to openly borrow a common law doctrine although the application of traditional French rules has long enabled the Court to sanction the very same strategic behavior. I argue that, while the economic attractiveness of France may have played a role, this legal transplant is best explained by the Court's desire to enhance its reputation, both as an institution and with regard to individual members.

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