Article 1478 of the French Code of civil procedure
The arbitral tribunal shall decide the dispute in accordance with the rules of law, unless the parties have entrusted it with the task of ruling as an amiable composition.
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The arbitral tribunal shall decide the dispute in accordance with the rules of law, unless the parties have entrusted it with the task of ruling as an amiable composition.
The deliberations of the arbitral tribunal are secret.
The arbitral award shall be made by a majority vote. It shall be signed by all the arbitrators. If a minority of them refuse to sign it, the award shall so state and the award shall have the same effect as if it had been signed by all the arbitrators.
The arbitral award shall contain an indication of: 1° The surnames, forenames or names of the parties and their domicile or registered office; 2° Where applicable, the names of the lawyers or any person who represented or assisted the parties; 3° The names of the arbitrators who made it; 4° Its date; 5° The place where the award was made.
The arbitral award shall succinctly set out the respective claims of the parties and their pleas in law. It shall state the reasons on which it is based.
The provisions of Article 1480, those of article 1481 relating to the names of the arbitrators and the date of the award and those in Article 1482 concerning the statement of reasons for the award are prescribed on pain of nullity of the award. However, the omission or inaccuracy of a statement intended to establish the regularity of the award may not entail its nullity if it is established, by…
As soon as it is made, the arbitration award has the force of res judicata in relation to the dispute that it settles. It may be subject to provisional enforcement. It is notified by service unless the parties agree otherwise.
The award relieves the arbitral tribunal of jurisdiction over the dispute it resolves. However, at the request of a party, the arbitral tribunal may interpret the award, correct material errors and omissions affecting it or supplement it where it has omitted to rule on a head of claim. It shall rule after hearing the parties or the parties being called. If the arbitral tribunal cannot be reconvened and if the…
Claims made pursuant to the second paragraph of Article 1485 shall be submitted within three months of notification of the award. Unless otherwise agreed, the corrected or completed award shall be made within three months of the referral of the case to the arbitral tribunal. This period may be extended in accordance with the second paragraph of Article 1463. The rectifying or supplemented award shall be notified in the same…
The arbitral award may only be enforced by virtue of an exequatur order issued by the court within whose jurisdiction the award was made. The procedure relating to the application for exequatur is not adversarial. The application shall be lodged by the earliest party at the court registry together with the original of the award and a copy of the arbitration agreement or their copies meeting the conditions required for…
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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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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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