Article 1458 of the French Code of civil procedure
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.
Home | French Legislation Articles | French Code of civil procedure | Page 186
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…
The support judge is seised either by a party or by the arbitral tribunal or one of its members. The judge rules in accordance with the accelerated procedure on the merits. The supporting judge shall give a judgment that is not subject to appeal. However, this judgment may be appealed where the judge declares that there are no grounds for designation for one of the reasons provided for in Article…
Subject to the provisions of the first paragraph of Article 1456, any stipulation contrary to the rules laid down in this chapter shall be deemed unwritten.
The dispute shall be submitted to the arbitral tribunal either jointly by the parties or by the most diligent party.
If the arbitration agreement does not set a time limit, the duration of the arbitral tribunal’s mission is limited to six months from its referral. The statutory or contractual time limit may be extended by agreement of the parties or, failing that, by the supporting judge.
Unless the parties have agreed otherwise, the arbitral tribunal shall determine the arbitral procedure without being bound to follow the rules established for state courts. However, the guiding principles of the proceedings set out in articles 4 to 10, the first paragraph of Article 11, the second and third paragraphs of Article 12 and to articles 13 to 21,23 and 23-1. The parties and the arbitrators shall act expeditiously and…
The arbitral tribunal shall have sole jurisdiction to rule on disputes relating to its jurisdictional powers.
A party who, knowingly and without legitimate reason, refrains from invoking an irregularity in good time before the arbitral tribunal shall be deemed to have waived the right to invoke it.
The arbitral tribunal shall carry out the necessary acts of inquiry unless the parties authorise it to appoint one of its members. The arbitral tribunal may hear any person. Such hearing shall take place without the taking of an oath. If a party is in possession of evidence, the arbitral tribunal may order it to produce it in the manner it shall determine and, if necessary, under penalty of a…
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.
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
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
Resources
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
Useful links
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.