Call Us + 33 1 84 88 31 00

Article 1448 of the French Code of civil procedure

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.

Read More »

Article 1449 of the French Code of civil procedure

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…

Read More »

Article 1451 of the French Code of civil procedure

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…

Read More »

Article 1452 of the French Code of civil procedure

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…

Read More »

Article 1453 of the French Code of civil procedure

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.

Read More »

Article 1456 of the French Code of civil procedure

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…

Read More »

Article 1457 of the French Code of civil procedure

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…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.