Chapter I: The arbitration agreement.

The arbitration agreement takes the form of an arbitration clause or an arbitration agreement. An arbitration clause is the agreement by which the parties to one or more contracts undertake to submit to arbitration any disputes that may arise in relation to that contract or those contracts. A compromis is the agreement by which the parties to a dispute that has arisen submit it to arbitration.

An arbitration agreement shall be in writing, failing which it shall be null and void. It may result from an exchange of writings or from a document referred to in the main agreement.

The arbitration agreement shall designate, where appropriate by reference to arbitration rules, the arbitrator or arbitrators, or provide for the procedures for their appointment. Failing this, the arbitration shall proceed in accordance with the provisions of Articles 1451 to 1454.

On pain of nullity, the compromise shall determine the subject matter of the dispute.

The parties may compromise even during proceedings already commenced before a court.

An arbitration agreement is independent of the contract to which it relates. It is not affected by the ineffectiveness of the latter. When void, the arbitration clause is deemed unwritten.

Where a dispute arising under an arbitration agreement is brought before a State court, the latter shall declare that it has no jurisdiction unless the arbitral tribunal has not yet been seised and the arbitration agreement is manifestly null and void or manifestly unenforceable. The State court may not declare of its own motion that it does not have jurisdiction. Any stipulation contrary to this article shall be deemed unwritten.

The existence of an arbitration agreement shall not prevent a party, as long as the arbitral tribunal has not been constituted, from bringing an action before a State court for the purpose of obtaining an investigative measure or an interim or protective measure. Subject to the provisions governing protective attachments and judicial securities, the application shall be brought before the president of the judicial or commercial court, who shall rule…