Arbitration

What is arbitration?

Arbitration is a judicial method related to conflict resolution, regulated by the Code of Civil Procedure (CPC) from articles 1442 to article 1527.

People who turn to arbitration submit contractually their dispute to an arbitral tribunal composed of one or three arbitrators.The arbitral tribunal delivers an award in order to settle the conflict.

This arbitral award can only be subject to appeal in situations strictly defined by the CPC.

Arbitration: a fast flexible and effective trial

The CMAP intends to promote the use of arbitration. We offer companies tailor-made, fast and flexible procedures in order to end their disputes definitively.

Thus, arbitration, asadministered by CMAP has many advantages:

Les avantages de la médiation
  • Speed: arbitration cases administered by CMAP last between 10 and 12 months. The award is, in principle, not subject to appeal. So the parties have a final award in less than a year, whereas a state justice award is generally not given before several years (sometimes not before 10 years).
  • Confidentiality: all the information exchanged during the procedure and the award is confidential.
  • Freedom to choose the arbitrator (s): CMAP has many qualified arbitrators, accredited by the Center, ready to serve the parties interests. They may be chosen according to the parties’ and their counsels’ wishes and criteria.
  • Freedom to choose the applicable law
  • Freedom to choose the place of the arbitration
  • Freedom to choose the language of the arbitration
  • #Competitiveness of our scale of fees : the amounts that figure in our scale of fees cover the arbitrators’ fees, the Center’s administrative fees and the provision of our meeting rooms.
  • Mandatory and enforceable judicial decision: at the end of his mission, the arbitrator gives out a decision called arbitral award, which has the same force as a court ruling when exequatur has been granted.

An award in three months for urgent situations

For extreme emergencies, a fast-track arbitration can be implemented at the request of the parties. It is a very effective procedure, used to meet the firm’s urgent and specific needs without delay.

The arbitral tribunal organizes the fast-track arbitration and prescribes the time limits so as to allow an award to be delivered within 3 months.

In the same vein to ensure a fast procedure, CMAP has set up a Preconstituted Arbitration Tribunal, whose members and alternate members are known from the parties. Thus, the delays associated to the constitution of the arbitral tribunal are avoided. The arbitration proceedings can begin immediately. At the time the Centre is seized, the parties can indicate their wish to appointthe Preconstituted Arbitration Tribunal.

Independent, impartial and qualified arbitrators

The Center provides arbitrators with recognized morality and professional skills. CMAP’s arbitrators come from various professional backgrounds: legal business and financial practitioners, former judges, university professors, business executives, engineers, etc. Their solid training and a diverse experience ensures the quality of the arbitral proceedings.

Before being proposed to the Arbitration Committee to be appointed as an arbitrator, the arbitrator(s) must sign, for each arbitration case, a declaration of independence. The arbitrators are subject to an obligation of total confidentiality.

On demand, CMAP can suggest to the parties a shortlist of arbitrators.. CMAP may act as appointing authority during ad hoc arbitration procedures.

The CMAP’s appointing authority

If one or both parties wish, CMAP can act as appointing authority during ad hoc arbitration procedures. Depending on the circumstances, we appoint a co-arbitrator, a sole arbitrator or the chairman of the arbitral tribunal.

Find out who our arbitrators are and check out our fee schedule to know more about #the cost of this service.

Cooperation for better performance

CMAP has forged solid bonds with other arbitration institutions and organizations in order to develop these conflict resolution methods. Among them:

The CEFAREA

Since 2006, CMAP and CEFAREA, French Reinsurance and Insurance Arbitration Center, have decided to combine their “know-how”.

With this partnership, CMAP can provide French and foreign CEFAREA members and companies its arbitration and mediation cases management capacities.

Thus, CEFAREA- CMAP common rules were created to meet the insurance and reinsurance sector’s specific needs.

CEFAREA and CMAP jointly selected arbitrators and mediators recognized for their skills in these fields.

The Federation of Arbitration Centers

The Federation of Arbitration Centers was created in 2012. It is a non-profit organization. Its aim is to develop and to promote institutional arbitration.

The CMAP is an active member of this Federation and act actively to the cooperation of the its members.

Paris, Home of Arbitration

Since its inception in March 2009, Paris, The Home of International Arbitration organizes actions to promote the capital’s role as one of the most important centers of international arbitration. The CMAP is a member of this non-profit organization. We actively work along side, and even more since the entry into force of the Decree of the 13th of January 2011 concerning the arbitration reform. This Decree is in line with the French conception of arbitration. It strongly supports this method related to conflict resolution, especially when international matters are concerned.