THE EFFECTIVENESS OF THE MISSION STATEMENT

Wednesday, July 4, 2018, from 5:30 p.m. to 8:00 p.m.
Salle des Criées – Paris Courthouse
4 Boulevard du Palais, 75001 Paris
The discussions will be moderated by the group’s Chairs, Jacques Pellerin and Henri-Jacques Nougein.
Although not strictly mandatory in principle, the terms of reference have become standard practice in both domestic and international arbitration. Their usefulness is, in fact, self-evident in that they allow the parties bound by an arbitration agreement to specify to the arbitrators the precise issues they intend to submit to arbitration, as well as the main procedural rules applicable. However, difficulties may arise during the drafting process, whether in determining which elements to include or in obtaining the signature of one of the members of the arbitral tribunal. How can we prevent this document—intended to facilitate the arbitration proceedings—from becoming an instrument that delays the proceedings? Beyond that, and more fundamentally, a line of case law could cast doubt on the value of the terms of reference as an instrument for defining the arbitrator’s mandate, since the Court of Cassation holds that “the arbitrators’ mandate is defined by the subject matter of the dispute as it arises from the parties’ claims, without relying solely on the terms of reference.” It is true that the adjudicatory nature of the arbitrator’s mandate requires the arbitrator to adhere to certain principles inherent to his or her jurisdiction, even if they conflict with the parties’ stipulations. However, an analysis of decisions rendered regarding the annulment of an award for failure to comply with the terms of the terms of reference seems to reveal that the arbitrator’s contractual and adjudicative mandates are not scrutinized with the same rigor. What, then, is the practical effectiveness of the terms of reference? How can the parties, if necessary, strengthen this effectiveness? It is around this question that the Arbitration Practice Group of the French Arbitration Committee invites practitioners and academics to engage in a free-flowing discussion, based on a document package provided to each participant.

Participation is free, subject to availability and requires prior registration with the French Arbitration Committee.

Registration can be done by email by contacting Ms. Aline Cambon: secretariat@cfa-arbitrage.com
Please clearly and completely provide your last name, first name, title(s), mailing address, phone number, and email address
or on our website: www.cfa-arbitrage.com

Participants will be welcomed starting at 5:00 p.m. in the Salle des Criées. The Refereeing Workshop will begin at 5:30 p.m. sharp.
Attendance at this seminar counts toward mandatory continuing education requirements (2.5 hours).
You will be asked to present a form of identification upon entering the courthouse.

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