The French Arbitration Committee is pleased to invite you to its upcoming Arbitration Practice Workshop on the topic:

THE APPEAL BASED ON THE ARBITRATOR'S BREACH OF HIS DUTIES AND FAILURE TO OBSERVE THE PRINCIPLE OF ADVERSADIC PROCEEDINGS

Wednesday, June 18, 2025, from 5:30 p.m. to 7:30 p.m.

Workshop led by
, Vincent Chantebout, Raphaël Kaminsky, and Priscille Pedone
, under the direction of Jacques Pellerin and Laura Weiller.

The arbitrator’s role, which lies between agreement and jurisdictio, is not so easy to grasp. Admittedly, from a pragmatic perspective, the allegation that an arbitrator has failed to fulfill his or her role primarily covers three scenarios: a failure to understand the scope of the parties’ claims, exceeding the powers entrusted to the arbitrator, and rendering the award after the deadline set by the parties. Beyond that, however, it must be recognized that some of the arbitrator’s contractual obligations overlap with judicial functions, which are, in principle, beyond the scope of review by the court hearing the annulment action. Consequently, precisely defining the scope of the arbitrator’s mandate subject to review can prove challenging. Furthermore, while compliance with the rules of procedure chosen by the parties is traditionally reviewed, a recent decision has generally held that it is not within the purview of the annulment judge—seized of the matter pursuant to Article 1520, 3° of the CPC—to review whether the procedure followed complies with the applicable rules of procedure, which raises questions. The scope and procedures for reviewing compliance with the mission of amicable settlement warrant clarification, particularly regarding the substance of the reasoning concerning the consideration of equity. Finally, adherence to the principle of adversarial proceedings—between the parties or by the arbitrator himself, particularly when the arbitrator raises legal grounds on his own initiative—also requires clarification. Practitioners, judges, academics, and students are invited to exchange views and debate all of these issues during an interactive workshop, based on a scholarly dossier provided to each participant.

Participation is free, subject to availability and requires advance registration on the French Arbitration Committee’s website.

Registration is available exclusively
on our website: www.cfa-arbitrage.com

Registration begins at 5:00 p.m. in the Gaston Monnerville Room. The officiating workshop begins at 5:30 p.m. sharp.

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