NEWSLETTER-2017

164 NEWSLETTER 2017 as the law applicable to the arbitration agreement 20 ; whereas, the law of France accepts that arbitration agreements shall be held subject to supranational principles and jurisprudence of the courts. For instance, with the Dalico case in 1993, the Paris Court of Appeal adopted that it is not necessary to apply the substantive law of any country to the arbitration agreement, that the common interests of the parties is to make a valid arbitration agreement, and that the validity of the arbitration agreement is based on the will of the parties, but this validity must be in accordance with the French public order 21 . This point of view has been upheld in many decisions of the French courts 22 . This approach taken by the French courts is also confirmed in some arbitral awards in France. As the ICC pointed out this approach in an award dated 2008: “ In default of a clear choice of law for the arbitration agreement by the parties (...) the arbitral tribunal shall determine the scope and effects of the arbitration agreement based on the common will of the parties and the customs of international arbitration, without any particular national law being enforced in particular. The arbitral tribunal will, however, observe (...) that the grounds for non-compliance with the judgment are in accordance with the French law and the international public order, in particular the place of arbitration. 23 ” 20 Please see: Işık, Fatih, “The Effect of the Principle of Separability on Determina- tion of the Law Applicable to Arbitration Agreements”, Newsletter July, 2017, http://www.erdem-erdem.av.tr/publications/newsletter/the-effect-of-the-princi- ple-of-separability-on-determination-of-the-law-applicable-to-arbitration-agree- ments/ (Access date: 05.10.2017). 21 Please see: The Paris Court of Appeal Comité populaire de la Municipalité d’El Mergeb v. société Dalico contractors decision dated 26 March 1991 , Revue de l’arbitrage, Year: 1991, Issue: 3, p. 456-461. 22 Please see: The French Court of Appeal Renault v. Société V. 2000 (Jaguar France) decision dated 21 May 1997, Revue de l’arbitrage, Year: 1997, Issue: 4, p. 537-543. Please also see: The French Court of Appeal Société Uni-Kod v. So- ciété Ouralkali decision dated 30 March 2004 , Revue de l’arbitrage, Year: 2005, Issue: 4, p. 959-960; The Paris Court of Appeal Société Sidermetal SRL v. So- ciété Arcelor International Export decision dated 24 February 2005 , Revue de l’arbitrage, Year: 2006, Issue: 1, p. 210-213. 23 Please see: ICCAward no. 14753, Collection VI, p. 973-983. Please also see: ICC