This document discusses the autonomy of arbitration agreements, conditions for nullity, and the regime of arbitration agreements, including arbitrability and the scope of compromissory clauses.
Extract
[...] Arbitration presents a number of less formal and more discreet advantages. One can choose a third party based on the object of the dispute. The avenues for appeal are likely to be limited. There was a distrust of public authorities with merchants, mistrust towards the compromisory clause of a potential future dispute. There is freedom as to state avenues of appeal. There was a reform on arbitration in 2011. I. Domain and Regime of Arbitration Agreements A. Conditions relating to the subject matter (object of the dispute) The provisions of arbitration are in the Civil Code and the CPC. [...]
[...] There are 2 techniques to extend arbitration to non-signatories: [...]
[...] - Contractual Arbitrations(art and 1843-4 end of ambiguities. - Arbitration and Expertise: the expert clauses, sometimes the parties will ask a third party to provide elements on a technical situation, the arbitrator may seek the opinion of the expert. - Arbitration and Mediation-Conciliation : Mediation will be consensual from start to finish, from A to the parties agree to enter into mediation and it is the parties who will come to an agreement, the mediator does not propose a solution, he just suggests, if the parties do not agree he will conclude with a failure. [...]
[...] Now, it can be a merchant and therefore can also compromise: article L121-2 of the Commercial Code. - For minors who are not emancipated, that is to say under the legal administration of their parents. Article 387-1, 4° of the CC: legal administrator cannot without prior authorization from the judge of the guardianship renounce for the minor a right, transit or compromise on his behalf". - La tutelle (article 506 of the a a guardian can only compromise after having had approved by the Family Council, or failing that by the judge of the guardianship, the clauses of the compromise or the compromissoire clause. [...]
[...] article 1443 of the CPC indicates that, at the risk of nullity, the arbitration agreement is written. * Designation of arbitrators ? Articles 1444 of the CPC : The arbitration agreement designates, if necessary by reference to an arbitration regulation, the arbitrator or arbitrators or provides for the modalities of their designation. Before 2011, the designation had to be made at the risk of nullity (blank clause). But now, in default, it is proceeded with in accordance with articles 1451 to 1454 of the CPC, which provide that the parties must find a solution, failing which the supporting judge will intervene and designate arbitrators and ensure that arbitration can exist. [...]
