INTERNATIONAL ARBITRATION
LexInter | March 21, 2003 | 0 Comments

INTERNATIONAL ARBITRATION

Title V: International arbitration

 Article 1492

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)


International arbitration that involves the interests of international trade.
* These provisions will only apply to arbitration agreements concluded after May 14, 1981, D. nº 81-500, May 12, 1981, art.55 *

 Article 1493

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

Directly or by reference to an arbitration rule, the arbitration agreement may designate the arbitrator (s) or provide for the terms of their appointment.
If, for arbitrations taking place in France or for those in respect of which the parties have provided for the application of French procedural law, the constitution of the arbitral tribunal encounters a difficulty, the most diligent party may, except by clause otherwise, refer the matter to the president of the Paris tribunal de grande instance in accordance with the terms of article 1457.
* These provisions will only apply to arbitration agreements concluded from May 14, 1981, D. nº 81-500, 12 May 1981, s.55 *

 Article 1494

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

The arbitration agreement may, directly or by reference to an arbitration rule, regulate the procedure to be followed in the arbitration body; it can also submit it to the procedural law it determines.
In the silence of the agreement, the arbitrator regulates the procedure, as far as is necessary, either directly or by reference to a law or to an arbitration regulation.
* These provisions will only apply to arbitration agreements concluded after May 14, 1981, D. nº 81-500, May 12, 1981, art.55 *

   

Article 1495

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)


When international arbitration is subject to French law, the provisions of Titles I, II and III of this book apply only in the absence of a specific agreement and subject to Articles 1493 and 1494.
* These provisions do not apply . will apply to arbitration agreements concluded from May 14, 1981, D. nº 81-500, May 12, 1981, art.55 *

 

Cass. 1st civ. November 9, 1993

in international arbitration, the arbitration clause by written reference to a document which contains it, for example general conditions or a standard contract, is valid, in the absence of mention in the main agreement, when the party to which the clause is opposed, was aware of the content of this document at the time of the conclusion of the contract, and that it has, even by its silence, accepted the incorporation of the document into the contract 

 

  V ° USES

Article 1496

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

The arbitrator decides the dispute in accordance with the rules of law that the parties have chosen; failing such a choice, in accordance with those it considers appropriate.
In all cases, it takes into account commercial practices.
* These provisions will only apply to arbitration agreements concluded after May 14, 1981, D. nº 81-500, May 12, 1981, art.55 *

Article 1497

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981)

The arbitrator rules as amicable composer if the agreement of the parties has conferred this mission on him.
* These provisions will only apply to arbitration agreements concluded after May 14, 1981, D. nº 81-500, May 12, 1981, art.55 *

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