The members of the Superior Court of Arbitration may only deliberate in odd numbers. If the Court meets in an even number, the oldest member shall abstain from deliberating. The Court shall not rule unless at least five members are present. The presence of seven members is required when the court renders an award under the conditions provided for in the third paragraph of article L. 2524-9.
Maître des requêtes or auditeur at the Conseil d’Etat, Conseiller référendaire or auditeur at the Cour des Comptes (Court of Auditors) will conclude each case. They are appointed Government Commissioners to the Court by order of the Prime Minister and the Minister of Justice respectively.
Maître des requêtes or auditors at the Conseil d’Etat, Conseiller référendaire or auditors at the Cour des Comptes are attached to the Superior Court of Arbitration as rapporteurs. They are appointed in the same way as the Government Commissioners. They have an advisory vote in the cases they are asked to report on.
The Secretary and Deputy Secretary of the Superior Court of Arbitration are appointed by the Vice-President of the Conseil d’Etat from among the civil servants in the departments of the Conseil d’Etat. In the event of surplus activity, the secretarial service is provided: 1° Either by specially recruited civil servants; 2° Or by civil servants made available to the Court by the Minister for Employment.
The Superior Court of Arbitration is based at the Council of State.
Appeals to the Superior Court of Arbitration shall be made in writing and signed by the parties or a representative. The latter must provide proof of a special written power of attorney if he or she is not a lawyer at the Conseil d’Etat or the Cour de Cassation, or a lawyer duly registered at a bar. The application is sent to the president of the court by registered letter…
The application shall be accompanied by: 1° Copies, in duplicate, of the application and of the contested award; 2° A note specifying the parties concerned and giving their full addresses; 3° Copies of the application in a number equal to that of the parties concerned; 4° Documents which the applicant intends to use.
Applications are registered with the secretariat of the Superior Court of Arbitration in the order in which they are received.
Each case is heard by a member of the Superior Court of Arbitration or by one of the Court’s assistant rapporteurs appointed by the President. As soon as the application is received, the rapporteur notifies the Minister for Employment. He asks him to produce the file sent by the arbitrator and to make any observations he deems useful. He notifies each interested party by sending one of the copies attached…
The roles of each session are prepared by the Government Commissioner and approved by the President of the Superior Court of Arbitration. They are communicated to the Minister of Labour and, if applicable, to the Minister of Agriculture. The parties are notified of the date of the hearing.
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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