THE COMPOSITION OF THE ARBITRAL TRIBUNAL

Thursday, February 1, 2018, from 4:30 p.m. to 7:00 p.m.
Gaston Monnerville Room – Maison du Barreau – 2 Rue de Harlay, 75001 Paris

The discussions will be moderated by the group’s chairs, Jacques Pellerin and Henri-Jacques Nougein.
The constitution of the arbitral tribunal is clearly a “key” stage in the arbitration process, whether the arbitration is domestic or international. In fact, this is what distinguishes arbitration from court proceedings, as it is a process unique to arbitration through which the parties select and establish the tribunal they deem most appropriate to resolve their dispute.

Who should be appointed as an arbitrator? How can one best determine the number of arbitrators and the procedures for their appointment? Whether the arbitration is ad hoc or institutional, is it possible to ensure the validity of the arbitration agreement(s) entered into?

While the parties’ agreement is intended to be freely expressed in accordance with rules that admit of no exceptions, it is not uncommon for an incident to disrupt the proceedings—for example, when the defendant refuses to appoint an arbitrator or when one of the arbitrators refuses to accept the appointment. How can this impasse be resolved?

The Code of Civil Procedure does, indeed, provide for a number of rules allowing a third party to carry out the appointment of arbitrators, the institution of arbitration, or the appointment of a supporting judge, as appropriate. Unfortunately, this proceduralization of the dispute can itself give rise to difficulties: the supporting judge, whose conditions and scope of intervention are limited but whose decisions have the force of res judicata, rules “as in summary proceedings” by means of an order not subject to appeal, which can prove problematic for the remainder of the proceedings. Furthermore, in an effort to effectively resolve difficulties in constituting the arbitral tribunal, the supporting judge may encroach upon the parties’ powers, interfere with the arbitral tribunal’s adjudicative functions, or even encroach upon the powers of the arbitration center. While an appeal for annulment may, in principle, be filed in cases of abuse of power, one may reasonably question the means available to prevent the constitution of the arbitral tribunal itself from becoming a source of litigation and thereby compromising the effectiveness of the arbitration.

This is the goal of the workshop organized by the Arbitration Practice Group, which aims to bring together judges, legal counsel, and academics to engage in an open discussion on these topics, based on the research materials provided to all participants.

Registration is by email only and should be sent to Ms. Aline Cambon:
secretariat@cfa-arbitrage.com (mailto:secretariat@cfa-arbitrage.com)
Please clearly and completely provide your last name, first name, title(s), mailing address, phone number, and email address.

Registration begins at 4:00 p.m. in the Gaston Monnerville Room. The Refereeing Workshop begins at 4:30 p.m. sharp.

Attendance at this seminar counts toward mandatory continuing education (2 hours and 30 minutes).
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