"In France, as a general rule, arbitration concerning individual employment contracts is
prohibited. This holds true even in cases where the parties have included an arbitration
agreement and a valid choice of law clause designating that foreign law applies to the
entirety of the employment contract. Such a strict interpretation is seen as a public policy measure intended to protect employees who are considered to be in a necessarily weaker bargaining position compared to their employers. By giving Labor Courts the unique competency to adjudicate such matters, France
can effectively safeguard its workforce.
Similar interests motivate protective regulatory schemes in most European Union (EU)
nations where, as we will discuss, the prevalence of arbitration in labor and employment
disputes remains limited and political weariness towards the practice pervades. "
"In France, as a general rule, arbitration concerning individual employment contracts is prohibited. This holds true even in cases where the parties have included an arbitration agreement and a valid choice of law clause designating that foreign law applies to the entirety of the employment contract. Such a strict interpretation is seen as a public policy measure intended to protect employees who are considered to be in a necessarily weaker bargaining position compared to their employers. By giving Labor Courts the unique competency to adjudicate such matters, France can effectively safeguard its workforce.
Similar interests motivate protective regulatory schemes in most European Union (EU) nations where, as we will discuss, the prevalence of arbitration in labor and employment disputes remains limited and political weariness towards the practice pervades. "