Arbitration Proceedings and Third Parties
The French Arbitration Committee will host its next Arbitration Practice Workshop on the topic: ARBITRATION PROCEDURE AND THIRD PARTIES
The discussions will be moderated by the group’s co-chairs: Claire Debourg, Laura Weiller, Vincent Chantebout, and Maximin Court de Fontmichel.
The proposed topic may seem paradoxical: isn’t there a fundamental contradiction between third parties and arbitration proceedings? Practice shows, however, that despite the contractual nature of arbitration and the principle of the relative effect of contracts, individuals who have not signed the arbitration agreement may nevertheless be affected by the arbitration proceedings, whether in relation to the proceedings themselves or the resulting award. This phenomenon is particularly acute due to the broad interpretation in case law of the enforceability of the award, which contrasts with the traditional prohibition on any third-party intervention in arbitration proceedings. Beyond the legitimacy of this situation, the Workshop proposes to examine, from a decidedly practical perspective, the means of preventing or resolving the difficulties arising from the existence of “affected” third parties: how should they be brought into the proceedings, and to what extent should their voluntary participation be accepted—either before the arbitrator or during an action to set aside the award? Does the indivisibility of the dispute have any bearing in this regard? Can insights be drawn from certain institutional rules or comparative law? These are the main topics that will be addressed during this workshop, in which participants are invited to engage in a free exchange of views based on the documentation provided to them.
Registration is by email only at
Ms. Aline Cambon: secretariat@cfa-arbitrage.com (mailto:secretariat@cfa-arbitrage.com), clearly and completely specifying your last name, first name, title(s), mailing address, phone number, and email address.
Registration begins at 5:30 p.m. in the Gaston Monnerville Room. The Refereeing Workshop begins at 6:00 p.m. sharp.
Attendance at this seminar counts toward mandatory continuing education (2 hours).