Article 1
An association governed by the provisions of the Act of July 1, 1901, is hereby established under the name “Comité français de l’arbitrage.” This association may also be referred to as CFA.Article 2 – Purpose
The purpose of the Committee is to contribute to the scientific and practical advancement of arbitration, both domestically and internationally, as well as of alternative dispute resolution methods. It brings together legal professionals [1] (judges, academics, in-house counsel, and attorneys) and individuals or entities interested in these methods of dispute resolution.1 All job titles and positions refer to both men and women
More specifically, its mission is to advance legal research, promote knowledge through training programs, conferences, and symposia, as well as through any other means deemed appropriate, and in particular to award prizes or grants in recognition of research achievements.
In this capacity, it may publish books or journals in its own name or participate in publishing activities, including the *Revue de l’arbitrage*.
It also aims to participate in any French or international event or to hold observer, member, or consultant status with any French, European, or international organization whose purpose is to encourage scientific research or deliberation with a view to the adoption of formal or informal legal standards in the fields referred to above, or to promote the use of arbitration and its practice, as well as that of alternative dispute resolution methods and dispute resolution mechanisms in the field of domestic or international litigation.
It may establish research or think tanks specializing in a particular aspect of arbitration law and sponsor any association that shares its objectives.
Subject to the provisions of Article 12, it may bring legal action to defend the interests of the arbitration and intervene as amicus curiae.
Article 3 – Registered Office
The Committee's headquarters are located in Paris at 31 rue La Boétie, 75008.He may be transferred within the same city by a simple decision of the Board.
Article 4 – Term
The term of the Committee is indefinite.Article 5 – Members
The Committee consists of:- full members who have agreed to pay an annual membership fee set by the Board,
- full members exempt from dues who have been admitted by the Executive Board on the basis of their work or duties,
- honorary members, former full members, who have been granted honorary status by the General Assembly or the Executive Committee and are exempt from paying dues.
Article 6 – Admission
Any legal professional or qualified representative from the business community with an interest in arbitration may serve as a member of the Committee.Legal entities may be members.
Applications for membership must be submitted in writing, signed by the applicant, and submitted to the Executive Committee. After reviewing the application, the Executive Committee will decide whether to accept the applicant.
Article 7 – Withdrawal and Expulsion of Members
The following members shall cease to serve on the Committee, provided that their departure does not result in the dissolution of the association:- those who have submitted their resignation in writing to the Board and whose resignation has been accepted,
- those who have been expelled by the Executive Committee for nonpayment of dues or for serious cause. In both cases, the Committee Chair shall send the member concerned a notice of expulsion by certified mail with return receipt requested at least fifteen days before the date of the Executive Committee meeting convened to consider the matter, so that the member may submit in writing any objections they wish to raise,
- deceased members.
Article 8 – Member Commitment
No member of the Committee is personally liable for the obligations entered into by the Committee; only the association’s collective resources are liable for such obligations.Article 9 – Resources
The association's resources consist of:- membership dues, as defined by the Executive Board, paid by full members,
- grants that may be awarded to it by the federal government, state governments, local governments, and public institutions,
- contributions from associations, learned societies, or private companies,
- interest and income from property and assets belonging to the association, including, in particular, publishing revenue such as that generated by the *Revue de l’arbitrage*.
Article 10 – Accounting
Records of income and expenses are kept on a daily basis.Article 11 – Composition of the Executive Committee
The administration of the Committee is entrusted to an Executive Board composed of no more than 25 members elected for a three-year term by the General Assembly from among full members who are current with their dues in accordance with the conditions set forth in paragraph 4 of this article. In addition, former Presidents and Vice-Presidents are ex officio members of the Executive Board for up to two terms following the end of their tenure, as well as a representative of the CFA40 and individuals—whose number may not exceed one-quarter of the elected members—selected by the Executive Board from among members exempt from dues due to their position or work, as referred to in Article 5, 2°.The maximum number of consecutive terms is set at two for members of the Executive Board other than ex officio members. However, when a member of the Executive Board is elected as President or Vice President, the term count shall begin only upon their appointment to that position. Elections for members of the Executive Board are held every three years. If, between two elections, one or more members of the Executive Board resign or are prevented for any reason from performing their duties, the Executive Board may co-opt, within the limit set forth in the first paragraph, one or more members who shall serve until the end of the term of the Executive Board member concerned.
The election of the Executive Committee members by the General Assembly shall be conducted by secret ballot, a show of hands, or by mail, as provided for in Article 16. Voting by proxy is permitted, provided that each member of the Committee may receive no more than two proxies, with the exception of the President, who is not subject to this limit.
Candidates must notify the Committee Chair one month prior to the date of the General Meeting.
The list of candidates is submitted to the Executive Committee, which ensures that the candidates are suited to the needs and purpose of the association, taking into account the profiles of outgoing members and ensuring a balanced representation within the Executive Committee of the various personal and professional backgrounds. The President publishes on the Committee’s website the list of candidates approved by the Executive Committee and submitted for a vote by the General Assembly eight days prior to the date of the meeting.
The chairs of the working groups established within the CFA may be invited by the CFA President to attend Executive Committee meetings.
Article 12 – Powers of the Executive Board
The Executive Board shall elect from among its members a President, assisted by one or more Vice Presidents, a Secretary General, and a Treasurer, all of whom shall be elected by the Executive Board for a term of three years at the first meeting of the Executive Board held within two months following the election by the General Assembly.The Board sets the amount and specifies the terms and conditions for annual dues.
It reviews applications from individuals and legal entities seeking admission to the French Committee as full members and admits the members referred to in Article 5, paragraphs 2 and 3.
It determines which members, falling under the category referred to in Article 5, paragraph 2, shall serve on the Executive Committee pursuant to Article 11, paragraph 1, and sets the term of their office.
It approves the Treasurer’s report on the Committee’s accounts.
It authorizes the President to represent the French Arbitration Committee before French or foreign courts or to appear as amicus curiae. This authorization must be approved by a two-thirds majority of the members of the Executive Committee who are present or represented.
In addition, the Board is vested with the broadest powers to perform or authorize acts that are not reserved for the general meeting.
The President or his or her representative presents research and training projects, as well as initiatives designed to promote arbitration.
All decisions of the Executive Committee are made by a vote taken at one of its meetings. However, such a vote may be conducted electronically in accordance with the procedures established by the Chair.
Article 13 – The President and Vice Presidents
The President convenes general meetings and Executive Committee meetings, which he chairs and for which he sets the agenda. He establishes the procedures for electronic voting.The President must be based in France.
He represents the Committee in all civil matters, including legal proceedings. He is vested with full authority to do so.
The Vice President(s) assist the President in carrying out his or her duties and may be delegated authority for a specific task and a specified period, including the authority to represent the Committee in legal matters.
Article 14 – The Secretary-General
The Secretary-General is responsible for all matters related to correspondence and records.He or she prepares the minutes of meetings and assemblies and, in general, all documents related to the operation of the assembly, except for those pertaining to accounting.
He may issue and certify as true copies or extracts of the minutes of meetings or of the Executive Committee.
The Secretary General is authorized to sign off on all postal transactions related to the receipt of letters, registered letters and packages, and money orders addressed to the Committee. He is also authorized to carry out, under his signature, customs procedures concerning the Committee for the shipment or receipt of all packages, documents, and printed materials originating from or destined for foreign countries, and for this purpose, to sign all declarations, submit all declarations, and negotiate.
Article 15 – The Treasurer
The Treasurer is responsible for all matters relating to the management of the association’s assets and maintains regular records of all transactions carried out by him or her, reporting on these to the annual general meeting, which approves his or her management as appropriate.All banking or postal transactions, the opening of bank accounts or postal checking accounts, and the withdrawal of funds, letters, packages, or money orders at post offices shall be validly conducted upon the signature of the President, Vice President, or Secretary General.
Article 16 – General Meeting
The general meeting consists of all members of the association who are current with their dues, regardless of their membership status.It is held once a year, unless the President calls an extraordinary meeting.
It is the only one capable of:
- approve the financial statements for the current fiscal year presented by the Treasurer,
- elect the members of the Executive Committee in accordance with the provisions of Article 11 of these bylaws,
- amend the articles of incorporation.
However, amendments to the articles of association may only be adopted under the same conditions by a two-thirds majority.
[1] All job titles and positions refer to both men and women