Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 455)

ANNEXE 3 (3) 1462, 1463 (paragraph 2), 1464 (paragraph 3), 1465 through 1470 and 1472 regarding arbitral proceedings; (4) 1479, 1481, 1482, 1484 (paragraphs 1 and 2), 1485 (paragraphs 1 and 2) and 1486 regarding arbitral awards; (5) 1502 (paragraphs 1 and 2) and 1503 regarding means of recourse other than appeals or actions to set aside. CHAPTER I – INTERNATIONAL ARBITRATION AGREEMENTS Article 1507 An arbitration agreement shall not be subject to any requirements as to its form. Article 1508 An arbitration agreement may designate the arbitrator(s) or provide for the procedure for their appointment, directly or by reference to arbitration rules or to procedural rules. CHAPTER II – ARBITRAL PROCEEDINGS AND AWARDS Article 1509 An arbitration agreement may define the procedure to be followed in the arbitral proceedings, directly or by reference to arbitration rules or to procedural rules. Unless the arbitration agreement provides otherwise, the arbitral tribunal shall define the procedure as required, either directly or by reference to arbitration rules or to procedural rules. Article 1510 Irrespective of the procedure adopted, the arbitral tribunal shall ensure that the parties are treated equally and shall uphold the principle of due process. Article 1511 The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties or, where no such choice has been made, in accordance with the rules of law it considers appropriate. In either case, the arbitral tribunal shall take trade usages into account. Article 1512 The arbitral tribunal shall rule as amiable compositeur if the parties have empowered it to do so. Article 1513 Unless the arbitration agreement provides otherwise, the award shall be made by majority decision. It shall be signed by all the arbitrators. However, if a minority among them refuses to sign, the others shall so state in the award. If there is no majority, the chairman of the arbitral tribunal shall rule alone. Should the other arbitrators refuse to sign, the chairman shall so state in the award, which only he or she shall sign. An award made under the circumstances described in either of the two preceding paragraphs shall have the same effect as if it had been signed by all the arbitrators or made by majority decision. CHAPTER III – RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS MADE ABROAD OR IN INTERNATIONAL ARBITRATION Article 1514 An arbitral award shall be recognised or enforced in France if the party relying on it can prove its existence and if such recognition or enforcement is not manifestly contrary to international public policy. Article 1515 The existence of an arbitral award shall be proven by producing the original award, together with the arbitration agreement, or duly authenticated copies of such documents. If such documents are in a language other than French, the party applying for recognition or enforcement shall produce a translation. The applicant may be requested to provide a translation by a translator whose name appears on a list of court experts or a translator accredited by the administrative or judicial authorities of another 439

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