Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 449)

ANNEXE 3 Before accepting a mandate, an arbitrator shall disclose any circumstance that may affect his or her independence or impartiality. He or she also shall disclose promptly any such circumstance that may arise after accepting the mandate. If the parties cannot agree on the removal of an arbitrator, the issue shall be resolved by the person responsible for administering the arbitration or, where there is no such person, by the judge acting in support of the arbitration to whom application must be made within one month following the disclosure or the discovery of the fact at issue. *** Article 1457 Arbitrators shall carry out their mandate until it is completed, unless they are legally incapacitated or there is a legitimate reason for them to refuse to act or to resign. If there is disagreement as to the materiality of the reason invoked, the matter shall be resolved by the person responsible for administering the arbitration or, where there is no such person, by the judge acting in support of the arbitration to whom application must be made within one month following such incapacity, refusal to act or resignation. *** Article 1458 An arbitrator may only be removed with the unanimous consent of the parties. Where there is no unanimous consent, the provisions of the final paragraph of Article 1456 shall apply. Article 1459 The judge acting in support of the arbitration shall be the President of a Tribunal de grande instance. However, the President of a Tribunal de commerce shall have jurisdiction to rule on applications made on the basis of Articles 1451 through 1454 if there is an express provision to that effect in the arbitration agreement. In that case, he or she may apply Article 1455. The arbitration agreement shall determine which court has territorial jurisdiction, failing which, jurisdiction shall lie with the court of the place where the seat of the arbitral tribunal has been set. Where the arbitration agreement is silent, territorial jurisdiction shall lie with the court of the place where the party or one of the parties resisting the application resides or, if that party does not reside in France, with the court of the place where the applicant resides. *** Article 1460 Application to the judge acting in support of the arbitration shall be made either by a party or by the arbitral tribunal or one of its members. Such application shall be made, heard and decided as for expedited proceedings (refere). ´´ ´ The judge acting in support of the arbitration shall rule by way of an order against which no recourse can be had. However, such order may be appealed where the judge holds that no appointment need be made for one of the reasons stated in Article 1455. Article 1461 Subject to the provisions of Article 1456, paragraph 1, any stipulation contrary to the rules set forth in the present chapter shall be deemed not written. CHAPTER III – THE ARBITRAL PROCEEDINGS *** Article 1462 A dispute shall be submitted to the arbitral tribunal either jointly by the parties or by the most diligent party. Article 1463 If an arbitration agreement does not specify a time limit, the duration of the arbitral tribunal’s mandate shall be limited to six months as of the date on which the tribunal is seized of the dispute. *** The statutory or contractual time limit may be extended by agreement between the parties or, where there is no such agreement, by the judge acting in support of the arbitration. Article 1464 Unless otherwise agreed by the parties, the arbitral tribunal shall define the procedure to be followed in the arbitration. It is under no obligation to abide by the rules governing court proceedings. 433

Table des matières de la publication Guide pratique - Règles et pratiques du droit français de l'arbitrage -1

Guide pratique - Règles et pratiques du droit français de l'arbitrage -1