Where it is clear that a request does not fall within the remit of any committee or that it is inadmissible without any possibility of rectification, the Chairman may reject it by reasoned decision. He may also take note of withdrawals or declare that there are no grounds for the committee to issue an opinion.
The rapporteurs of each committee are placed under the authority of its chairman, who draws up a list of rapporteurs from among serving or retired administrative judges or civil servants, with the agreement of the parties concerned and, where applicable, the authorities to which they report. The Chairman assigns cases to the rapporteurs he appoints. He shall set the deadline for the submission of the report and the draft opinion,…
The members of the amicable dispute resolution committees and the appointed rapporteur must not have had previous experience of the case submitted to them.
The committee meets in camera. The rapporteur presents his report orally. The committee hears the contract holder and the purchaser’s representative, who may be assisted by any person of their choice, as well as any person whose hearing the chairman deems useful. The Committee may only validly deliberate when at least three of its members with voting rights are present at the meeting, including the Chairman or Vice-Chairman and one…
The committee notifies its opinion within six months of the date on which the matter is referred to it. This period may be extended by periods of one month, up to a maximum of three months, where this is justified by particular difficulties in examining the case.The opinion is notified to the purchaser and to the contract holder. It is sent, for information, to the Minister responsible for the economy…
The decision taken by the purchaser on the committee’s opinion is notified to the contract holder and to the secretary of the Advisory Committee for the Amicable Settlement of Disputes. It is sent, for information, to the Minister for the Economy.
In the event of a dispute concerning the performance of contracts, purchasers and holders may have recourse to the Company Mediator.The Company Mediator acts as a third party, without decision-making powers, in order to help the parties, who have expressed a wish to do so, to find a mutually acceptable solution to their dispute.
Referral to the Company Ombudsman interrupts the time limits for appeals in the case of contracts that are administrative contracts.
For the State, recourse to arbitration in the cases mentioned in Article L. 2197-6 is authorised by decree issued on the report of the competent minister and the minister responsible for the economy.
Subject to the provisions of Book V of this Part, the partnership contracts defined in Article L. 1112-1 are governed by the provisions of Book I with the exception of : 1° The provisions of sub-section 3 of section 1 of chapter I of title VII relating to the provisions common to global contracts involving design services for a building structure; 2° The provisions of sections 2 and 3 of…
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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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