Chapter II: The arbitration tribunal

An arbitrator may only be a natural person enjoying the full exercise of his or her rights. If the arbitration agreement designates a legal person, the latter only has the power to organise the arbitration.

The arbitral tribunal shall be composed of one or more arbitrators in an odd number. It shall be supplemented if the arbitration agreement provides for the appointment of an even number of arbitrators. If the parties do not agree on the appointment of an additional arbitrator, the arbitral tribunal shall be completed within one month of the acceptance of their appointment by the arbitrators chosen or, failing that, by the…

In the absence of agreement by the parties on the procedures for appointing the arbitrator or arbitrators: 1° In the case of arbitration by a sole arbitrator, if the parties do not agree on the choice of arbitrator, the arbitrator shall be appointed by the person responsible for organising the arbitration or, failing that, by the supporting judge; 2° In the case of arbitration by three arbitrators, each party shall…

Where the dispute is between more than two parties and they do not agree on the procedures for constituting the arbitral tribunal, the person responsible for organising the arbitration or, failing that, the supporting judge, shall appoint the arbitrator or arbitrators.

Any other dispute relating to the constitution of the arbitral tribunal shall be settled, failing agreement by the parties, by the person responsible for organising the arbitration or, failing that, decided by the supporting judge.

If the arbitration agreement is manifestly null and void or manifestly unenforceable, the supporting judge shall declare that there are no grounds for appointment.

The arbitral tribunal is constituted when the arbitrator or arbitrators have accepted the assignment entrusted to them. On that date, the dispute is referred to it. It is the arbitrator’s responsibility, before accepting his assignment, to disclose any circumstances likely to affect his independence or impartiality. He is also obliged to disclose without delay any circumstances of the same nature that may arise after acceptance of his assignment. In the…

It is the arbitrator’s responsibility to continue his mission until the end of it unless he can justify an impediment or a legitimate reason for abstaining or resigning. In the event of a dispute as to the reality of the reason invoked, the difficulty shall be settled by the person responsible for organising the arbitration or, failing this, decided by the supporting judge to whom the matter is referred within…

The arbitrator may only be dismissed with the unanimous consent of the parties. Failing unanimity, the procedure shall be in accordance with the provisions of the last paragraph of Article 1456.

The competent supporting judge is the president of the judicial court. However, if the arbitration agreement expressly so provides, the president of the commercial court shall have jurisdiction to hear claims made pursuant to Articles 1451 to 1454. In that case, he may apply Article 1455. The court with territorial jurisdiction is the one designated by the arbitration agreement or, failing that, the court within whose jurisdiction the seat of…