France - Code
of Civil Procedure - Book IV - Arbitration (14 May 1981)
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1 |
Title I
- The Arbitration Agreement
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2 |
Chapter I. - The Arbitration Clause
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3 |
Article
1442
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4 |
An arbitration clause is an agreement by which parties to
a contract undertake to submit to arbitration any disputes that may arise in
relation thereto. |
5 |
Article
1443
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6 |
To be valid, an arbitration clause shall be in writing
and included in the contract or in a document to which it refers. |
7 |
To be valid, an arbitration clause shall furthermore
appoint the arbitrator or arbitrators, or provide for the method of their
appointment. |
8 |
Article
1444
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9 |
If a dispute has arisen and problems occur with regard
to the constitution of the arbitral tribunal due to the behavior of a party
or to the implementation of the appointment method, the arbitrator or
arbitrators shall be appointed by the President of the Tribunal de Grande
Instance. |
10 |
The appointment shall be made by the President of the
Tribunal de Commerce if the parties expressly so agree. |
11 |
If the arbitration clause is manifestly null and void or
insufficient to constitute an arbitral tribunal, the President shall so
determine and declare that there is no basis for appointment. |
12 |
Article 1445
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13 |
The dispute shall be submitted to the arbitral tribunal
either jointly by the parties or by the interested party. |
14 |
Article 1446
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15 |
If an arbitration clause is null and void it shall be
considered not to have been written. |
16 |
Chapter II. - The Submission
Agreement
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17 |
Article 1447
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18 |
By a submission agreement the parties submit an existing
dispute to the arbitration of one or more persons. |
19 |
Article 1448
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20 |
To be valid, a submission agreement shall mention the
subject matter of the dispute. |
21 |
To be valid, a submission agreement shall furthermore
appoint the arbitrator or arbitrators or provide for the method of their
appointment. |
22 |
A submission agreement is null and void if an arbitrator
appointed therein fails to accept his mission. |
23 |
Article 1449
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24 |
A submission agreement shall be in writing. It may be
contained in the minutes of a meeting of the arbitrators and the parties,
signed by them. |
25 |
Article 1450
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26 |
The parties may conclude a submission agreement even
when they have already submitted their dispute to another jurisdiction. |
27 |
Chapter III. - Generally Applicable
Rules
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28 |
Article 1451
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29 |
Only physical persons in the full enjoyment of their
civil rights may act as arbitrators. |
30 |
If the arbitration agreement appoints a legal person as
arbitrator, its powers are limited to organizing the arbitration. |
31 |
Article 1452
|
32 |
An arbitral tribunal is not constituted until the
arbitrator or arbitrators accept their mission. |
33 |
If an arbitrator supposes that a ground for his
challenge may exist he shall so inform the parties and may accept his mission
only with their consent. |
34 |
Article 1453
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35 |
An arbitral tribunal shall consist of one or an uneven
number of arbitrators. |
36 |
Article 1454
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37 |
If the parties provided for an even number of arbitrators,
an additional arbitrator shall be chosen either in accordance with the
agreement of the parties or, in the absence thereof, by the appointed
arbitrators or, if they fail to agree, by the President of the Tribunal de
Grande Instance. |
38 |
Article 1455
|
39 |
If a physical or legal person is charged with the
organization of the arbitration, the mission of arbitrator shall be conferred
upon one or more arbitrators accepted by all the parties. |
40 |
Failing such acceptance, the person charged with the
organization of the arbitration shall invite each party to appoint an
arbitrator and if necessary proceed to the appointment of an additional
arbitrator to complete the arbitral tribunal. If the parties fail to appoint
an arbitrator, the person charged with the organization of the arbitration
shall make the appointment. |
41 |
The arbitral tribunal may also be constituted directly
in accordance with the method set forth in the preceding paragraph. |
42 |
The person charged with the organization of the
arbitration may provide that the arbitral tribunal shall only render a draft
award and that the dispute shall be submitted to a second arbitral tribunal
if one of the parties objects to this draft. In such case the person charged
with the organisation of the arbitration shall appoint the members of the
second arbitral tribunal; each party may request the replacement of one of
the arbitrators so appointed. |
43 |
Article 1456
|
44 |
If no time limit is fixed in the arbitration agreement
for the arbitrators' mission it shall be six months from the day on which the
last arbitrator accepts his mission. |
45 |
The statutory or contractual time limit for the
arbitrators' mission may be extended at the request of a party or of the
arbitral tribunal by the President of the Tribunal de Grande Instance, or, in
the case envisaged by Art. 1444.2, of the Tribunal de Commerce. |
46 |
Article 1457
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47 |
In the cases envisaged by Arts. 1444, 1454, 1456 and
1463 the President of the Tribunal shall at the request of a party or of the
arbitral tribunal decide in summary proceedings ( référé
), by court order against which no recourse is available. |
48 |
Appeal is nevertheless open against this order if the
President refuses to make the appointment for one of the reasons set forth in
Art. 1444.3. The institution, conduct and decision of this appeal procedure
shall be the same as for disputes regarding competence. |
49 |
The President of the Tribunal designated in the
arbitration agreement shall be competent, or, in the absence of such designation,
the President of the Tribunal of the place where the arbitration agreement
has situated the arbitration. In the silence of the arbitration agreement,
the President of the Tribunal of the place where the defendant to the
incident, or one of them, resides shall be competent or, if no defendant
resides in France, the President of the Tribunal of the claimant's place of
residence. |
50 |
Article 1458
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51 |
If a dispute pending before an arbitral tribunal on the
basis of an arbitration agreement is brought before a State court, it shall
declare itself incompetent. |
52 |
If the dispute is not yet before an arbitral tribunal,
the State court shall also declare itself incompetent, unless the arbitration
agreement is manifestly null and void. |
53 |
In neither case may the State court declare itself
incompetent at its own motion. |
54 |
Article 1459
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55 |
Any stipulation or agreement contrary to the provisions
of the present chapter shall be deemed not to have been written. |
56 |
Title
II - The Arbitral Procedure
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57 |
Article 1460
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58 |
The arbitrators shall determine the arbitration procedure;
they shall not be bound by any rules applicable in court proceedings unless
the parties have provided otherwise in the arbitration agreement. |
59 |
The guiding principles of procedure set forth in Arts. 4
to 10, 11.1 and 13 to 21 shall at all times apply to the arbitration
procedure. 1 |
60 |
If a party is in the possession of an element of proof,
the arbitrator may order him to produce it. |
61 |
Article 1461
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62 |
Procedural orders and records of proceedings shall be
made by all the arbitrators jointly unless the parties agree that such tasks
may be delegated to one arbitrator. |
63 |
Third parties shall be heard without taking oath. |
64 |
Article 1462
|
65 |
The arbitrators shall proceed with their mission until
it is completed. |
66 |
An arbitrator shall only be removed with the parties'
unanimous consent. |
67 |
Article 1463
|
68 |
An arbitrator shall not withdraw or be challenged except
on a ground revealed or arising after his appointment. |
69 |
Any difficulties in the application of the present
Article shall be brought before the President of the competent Tribunal. |
70 |
Article 1464
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71 |
Unless the parties have specifically agreed otherwise
the arbitral procedure shall end: |
72 |
upon an arbitrator's removal, death, incapacity or loss
of civil rights; |
73 |
upon the withdrawal or challenge of an arbitrator; |
74 |
upon expiration of the time limit for the arbitral
procedure. |
75 |
Article 1465
|
76 |
Arts. 369 to 376 apply to interruptions in the arbitral
procedure. 2 |
77 |
Article 1466
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78 |
If a party challenges in the arbitration the existence
or scope of the arbitrator's jurisdiction, the arbitrator shall decide on the
issue. |
79 |
Article 1467
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80 |
Unless the parties agree otherwise, the arbitrator shall
have the power to decide on incidents regarding the verification of
handwriting or the forgery of documents, in accordance with Arts. 287 to 294
and Art. 299. 3 |
81 |
Art. 313 shall apply to an incident regarding the
forgery of documents in an arbitral procedure. 4 The arbitral procedure shall
be suspended until the decision in the incident is taken. |
82 |
Article 1468
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83 |
The arbitrator shall fix the date on which the
deliberations begin. |
84 |
After that date no more claims or arguments shall be
introduced. No party shall produce further comments or documents unless at
the request of the arbitrator. |
85 |
Title
III - The Arbitral Award
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86 |
Article 1469
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87 |
The arbitrators' deliberations are secret. |
88 |
Article 1470
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89 |
The arbitral award is rendered by majority. |
90 |
Article 1471
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91 |
The arbitral award shall summarize the parties' respective
claims and the arguments on which they are based. |
92 |
The decision of the arbitrators shall give the reasons
for which it is given. |
93 |
Article 1472
|
94 |
The arbitral award shall contain: |
95 |
the names of the arbitrators; |
96 |
the date on which it was rendered; |
97 |
the place where it was rendered; |
98 |
the family name and given names or corporate
denomination of the parties, as well as their domicile or social seat; |
99 |
the name of the parties' lawyers or of any person who
represented or assisted them. |
100 |
Article 1473
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101 |
The award shall be signed by all the arbitrators. |
102 |
If a minority refuses to sign, the other arbitrators
shall mention this in the award, which shall then have the same effect as if
it had been signed by all arbitrators. |
103 |
Article 1474
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104 |
The arbitrator shall decide the dispute according to
the rules of the law unless the parties had authorized him in the arbitration
agreement to decide as amiable compositeur. |
105 |
Article 1475
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106 |
When the award is rendered, the jurisdiction of the
arbitrator ceases to exist with regard to the dispute it decides. |
107 |
However, the arbitrator has the power to interpret the
award, to correct any error and material omission affecting it and to
supplement it in case he has omitted to decide on an element of the claim.
The Arts. 461 to 463 shall apply. 5 If it is impossible to reconvene the
arbitral tribunal this power shall lie with the court or tribunal that would
have been competent in the absence of the arbitration agreement. |
108 |
Article 1476
|
109 |
The arbitral award has force of res judicata with
regard to the dispute it decides at the moment it is rendered. |
110 |
Article 1477
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111 |
An arbitral award can only be enforced if exequatur is
granted by the Tribunal de Grande Instance in whose territory it was
rendered. |
112 |
For this purpose one of the arbitrators or the interested
party shall deposit the award, together with a copy of the arbitration
agreement, at the registry of the competent court. |
113 |
Article 1478
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114 |
The exequatur is recorded on the arbitral award. |
115 |
The court order refusing exequatur shall contain
reasons. |
116 |
Article 1479
|
117 |
The rules for the provisional enforcement of court
judgments shall apply to arbitral awards. |
118 |
In case of appeal or an action for setting aside the
First President or the magistrate in charge of the case may grant exequatur
of an arbitral award that has been declared provisionally enforceable. He may
also declare an arbitral award provisionally enforceable, subject to the
conditions of the Arts. 525 and 526, and his decision shall have the force of
exequatur. 6 |
119 |
Article 1480
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120 |
An arbitral award is not valid unless it complies with
the requirements of Arts. 1471.2, 1472 inasmuch as the names of the
arbitrators and the date of the award are concerned, and 1473. |
121 |
Title
IV - Means of Recourse
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122 |
Article 1481
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123 |
Opposition and pourvoi 7 en cassation 8 are not
available against arbitral awards. |
124 |
Tierce opposition may be instituted against the
arbitral award before the court or tribunal that would have had jurisdiction
in the absence of an arbitration agreement, subject to Art. 588.1. 9 |
125 |
Article 1482
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126 |
Appeal is available against an arbitral award unless
the parties have waived this possibility in the arbitration agreement. No
appeal is available if the arbitrator is authorized to decide as amiable
compositeur, unless the parties reserve the possibility of appeal expressly
in the arbitration agreement. |
127 |
Article 1483
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128 |
If the parties have not waived the possibility of
appeal as provided in Art. 1482 or if they have reserved it expressly in the arbitration
agreement, only appeal shall be possible, be it for revision or for annulment
of the award. The court shall decide as amiable compositeur if the arbitrator
was so authorized. |
129 |
Article 1484
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130 |
If the parties have waived the possibility of appeal as
provided in Art. 1482 or if they have not reserved it expressly in the
arbitration agreement, the action for setting aside is possible, despite any
stipulation to the contrary. |
131 |
The action for setting aside may be based only on the
following grounds: |
132 |
1. if the arbitrator has rendered his decision in the
absence of an arbitration agreement or on the basis of an arbitration agreement
that is invalid or that has expired; |
133 |
2. if the arbitral tribunal was irregularly constituted
or the sole arbitrator irregularly appointed; |
134 |
3. if the arbitrator has not rendered his decision in
accordance with the mission conferred upon him; |
135 |
4. if due process 10 has not been respected; |
136 |
5. in all cases of nullity provided in Art. 1480; |
137 |
6. if the arbitrator has violated a public policy rule.
|
138 |
Article 1485
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139 |
If the court in an action for setting aside sets the
award aside, it shall decide the substance of the dispute in accordance with
the mission of the arbitrator, unless the parties agree otherwise. |
140 |
Article 1486
|
141 |
Appeal and setting aside procedures shall be brought
before the court of appeal of the place where the arbitral award was
rendered. |
142 |
These procedures may be instituted from the moment the
arbitral award is rendered; they shall no longer be admissible if they have
not been instituted within one month from the date the exequatur of the award
is notified. |
143 |
The time limit for these procedures suspends the
execution of the arbitral award. Institution of one of these procedures
within the time limit also has a suspensive effect. |
144 |
Article 1487
|
145 |
The appeal and setting aside procedures shall be
instituted, conducted and decided according to the rules for court of appeal
procedures. |
146 |
The characterization of the procedure by the parties at
the moment it is instituted may be modified or specified until the court of
appeal is seized of the matter. |
147 |
Article 1488
|
148 |
No recourse is available against an order granting
exequatur. |
149 |
However, an appeal or setting aside procedure, within
the limits of the case before the court, entails ipso jure recourse against
the order of the enforcement court or termination of the action before it. |
150 |
Article 1489
|
151 |
Appeal is possible against an order refusing exequatur
within one month from its notification. The court of appeal shall, at the
request of the parties, consider such grounds as they could have invoked in
an appeal or setting aside procedure against the arbitral award. |
152 |
Article 1490
|
153 |
Upon rejection of the appeal or the action for setting
aside, the arbitral award or the parts thereof not affected by the decision
of the court obtain exequatur. |
154 |
Article 1491
|
155 |
Recours en révision is available against
arbitral awards in the same cases and under the same circumstances as against
court decisions. |
156 |
The action is brought before the court of appeal
competent for the other means of recourse against arbitral awards. |
157 |
Title
V - International Arbitration
|
158 |
Article 1492
|
159 |
An arbitration is international if it implicates
international commercial interests. |
160 |
Article 1493
|
161 |
An arbitration agreement may, directly or by reference
to arbitration rules, appoint the arbitrator or arbitrators or provide for
the method of their appointment. |
162 |
If in an arbitration taking place in France or
subjected by the parties to French procedural law difficulties arise in the
constitution of the arbitral tribunal, the interested party may bring the
matter before the President of the Tribunal de Grande Instance of Paris as
provided in Art. 1457, unless the parties agree otherwise. |
163 |
Article 1494
|
164 |
An arbitration agreement may, directly or by reference
to arbitration rules, determine the arbitral procedure or subject to any
procedural law. |
165 |
If the arbitration agreement is silent the arbitrator
shall determine the procedure inasmuch as necessary, either directly or by
reference to a law or to arbitration rules. |
166 |
Article 1495
|
167 |
If an international arbitration is subject to French
law, the provisions of Titles I, II and III of this Book apply only if the
parties have not made any specific agreement, and subject to Arts. 1493 and
1494. |
168 |
Article 1496
|
169 |
The arbitrator shall decide the dispute in accordance
with the rules of the law chosen by the parties or, in the absence of such
choice, in accordance with the rules of the law he considers appropriate. |
170 |
In all cases he shall take the usages of the trade into
consideration. |
171 |
Article 1497
|
172 |
The arbitrator shall decide as amiable compositeur if
he is so authorized in the arbitration agreement. |
173 |
Title
VI - Recognition, Enforcement and Means of Recourse with Regard to Arbitral
Awards Rendered Abroad or in International Arbitration
|
174 |
Chapter I. - The Recognition and
Enforcement of Arbitral Awards Rendered Abroad or in International
Arbitration
|
175 |
Article 1498
|
176 |
Arbitral awards shall be recognized in France if the
party relying on them establishes their existence and if this is not manifestly
contrary to international public policy. |
177 |
Under the same conditions arbitral awards shall be
declared enforceable in France. |
178 |
Article 1499
|
179 |
The existence of an arbitral award shall be established
by producing the original thereof together with the arbitration agreement, or
authentic copies of these documents. |
180 |
If these documents are not in French, the party
concerned shall provide a certified translation by a court-registered
translator. |
181 |
Article 1500
|
182 |
Arts. 1476 to 1479 shall apply. |
183 |
Chapter II. - Means of Recourse
Against Arbitral Awards Rendered Abroad or in International Arbitration
|
184 |
Article 1501
|
185 |
The court decision refusing recognition or enforcement
is subject to appeal. |
186 |
Article 1502
|
187 |
Appeal of a court decision granting recognition or
enforcement is only available on the following grounds: |
188 |
1. if the arbitrator has rendered his decision in the
absence of an arbitration agreement or on the basis of an arbitration agreement
that is invalid or that has expired; |
189 |
2. if the arbitral tribunal was irregularly constituted
or the sole arbitrator irregularly appointed; |
190 |
3. if the arbitrator has not rendered his decision in
accordance with the mission conferred upon him; |
191 |
4. if due process 11 has not been respected; |
192 |
5. if recognition or enforcement is contrary to
international public policy. |
193 |
Article 1503
|
194 |
The appeal of Arts. 1501 and 1502 is brought before the
court of appeal in the resort of which the enforcement court is located,
within one month from the notification of its decision. |
195 |
Article 1504
|
196 |
The action for setting aside is available against
arbitral awards rendered in France in international arbitration, on the
grounds of Art. 1502. |
197 |
No recourse is available against court orders granting
exequatur of such awards. |
198 |
However, the setting aside procedure, within the limits
of the case before the court, entails ipso jure recourse against the order of
the enforcement court or termination of the action before it. |
199 |
Article 1505
|
200 |
The setting aside procedure of Art. 1504 is brought
before the court of appeal of the place where the arbitral award is rendered.
It may be instituted from the moment the arbitral award is rendered; it shall
no longer be admissible if it has not been instituted within one month from
the date the exequatur of the award is notified. |
201 |
Article 1506
|
202 |
The time limit for the procedures of Arts. 1501, 1502
and 1504 suspends the execution of the arbitral award. Institution of one of
these procedures within the time limit has the same suspensive effect. |
203 |
Article 1507
|
204 |
The provisions of Title IV of this Book shall not apply
to recourse proceedings, with the exception of Arts. 1487.1 and 1490. |
205 |