Book V: Collective disputes

The collective bargaining agreement may provide for a contractual arbitration procedure and the establishment of a list of arbitrators drawn up by mutual agreement between the parties.

Where the collective bargaining agreement does not provide for a contractual arbitration procedure, the parties concerned may decide by mutual agreement to submit to arbitration any disputes that remain following a conciliation or mediation procedure. The arbitrator shall be chosen either by agreement between the parties or in accordance with the procedures established by mutual agreement between them.

When the dispute is submitted to arbitration, the documents drawn up as part of the conciliation or mediation procedures are given to the arbitrator.

The arbitrator may not rule on matters other than those determined by the minutes of non-conciliation or by the mediator’s proposal or those which, resulting from events subsequent to these minutes, are the consequence of the dispute in progress. It shall rule in law on disputes relating to the interpretation and application of the laws, regulations, collective agreements or agreements in force. It rules in equity on other disputes, in…

Agreements or arbitration awards made in application of this Title shall have the same effect as collective labour agreements. They are applicable, unless otherwise stipulated, from the day following their filing with the competent administrative authority under the conditions determined in article L. 2231-6.

Arbitration awards shall state the reasons on which they are based. They may only be appealed on the grounds of ultra vires before the Superior Court of Arbitration referred to in Article L. 2524-7.