Arbitration Agreements
LexInter | January 8, 2009 | 0 Comments

Arbitration Agreements

Rules common to arbitration agreements

articles 1451 to 1459 of the Code of Civil Procedure

The role of arbitrator can only be entrusted to a natural person; the latter must have the full exercise of its civil rights.

If the arbitration agreement designates a legal person, the latter only has the power to organize the arbitration.

 The constitution of the arbitral tribunal is only perfect if the arbitrator or arbitrators accept the mission entrusted to them.

The arbitrator who assumes in his person a cause for challenge must inform the parties thereof. In this case, he can only accept his mission with the agreement of these parties.

The arbitral tribunal is made up of a single arbitrator or of several in odd number.

When the parties appoint the arbitrators in an even number, the arbitral tribunal is supplemented by an arbitrator chosen, either in accordance with the parties’ forecasts, or, in the absence of such forecasts, by the appointed arbitrators, or in the absence of agreement between these parties. last, by the president of the tribunal de grande instance.

When a natural or legal person is responsible for organizing the arbitration, the arbitration mission is entrusted to one or more arbitrators accepted by all the parties.
In the absence of acceptance, the person responsible for organizing the arbitration invites each party to appoint an arbitrator and proceeds, if necessary, to the appointment of the arbitrator necessary to complete the arbitral tribunal. If the parties fail to appoint an arbitrator, the latter is appointed by the person responsible for organizing the arbitration.
The arbitral tribunal may also be directly constituted according to the modalities provided for in the previous paragraph.
The person responsible for organizing the arbitration may provide that the arbitral tribunal will issue only a draft award and that if this draft is contested by one of the parties, the case will be submitted to a second arbitral tribunal. In this case, the members of the second tribunal are appointed by the person responsible for organizing the arbitration, each of the parties having the right to obtain the replacement of one of the arbitrators thus appointed.

Arbitration deadline

 If the arbitration agreement does not set a time limit, the mission of the arbitrators lasts only six months from the day on which the last of them accepted it.

Extension of time

The legal or contractual period may be extended either by agreement of the parties or, at the request of one of them or of the arbitral tribunal, by the president of the tribunal de grande instance or, in the case referred to in article 1444. , paragraph 2, by the president of the commercial court.

Case law EXTENSION OF TIME LIMITS

   In the cases provided for in articles 1444, 1454, 1456 and 1463, the president of the tribunal, seized as in summary proceedings by a party or by the arbitral tribunal, rules by order not open to appeal.
However, this ordinance may be appealed against when the president declares that there is no reason for appointment for one of the causes provided for in article 1444, (paragraph 3). The appeal is made, heard and judged as in the matter of a contradiction of jurisdiction.
The competent president is that of the tribunal which has been appointed by the arbitration agreement or, failing that, the one within whose jurisdiction this agreement has located the arbitration operations. In the silence of the agreement, the competent president is that of the court of the place where the defendant or one of the defendants in the incident lives or, if the defendant does not live in France, that of the court of the place where the plaintiff lives.

Case law REFERRED DESIGNATION

 

When a dispute brought before an arbitral tribunal by virtue of an arbitration agreement is brought before a state jurisdiction, the latter must declare itself incompetent.
If the arbitral tribunal is not yet seized, the court must also declare itself incompetent unless the arbitration agreement is manifestly void.
In both cases, the court cannot automatically waive its lack of jurisdiction.

Any provision or agreement contrary to the rules enacted by this chapter is deemed unwritten.

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