Arbitration in practice

Arbitration is a contractual method of conflict resolution. The parties designate the person(s) who will decide the outcome of their dispute. They agree beforehand to comply with the decision of the arbitral tribunal, which is called a sentence. For more information on arbitration, click here (P201).

The CMAP’s arbitration procedures are supervised by the Arbitration Committee.

This Commission is an independent body chaired by Professor Serge Guinchard, Honorary Rector and Professor Emeritus of Private Law and Criminal Sciences at the University Panthéon-Assas (Paris II). Its mission is to settle certain procedural issues that appear during the arbitration. It guarantees the impartiality and the compliance with the law of the CMAP’s proceedings.

The procedure is also formalized by the Arbitration Rules of the Center.

The phases of a CMAP arbitration

Refer your case to the CMAP 

The parties have to agree to go through arbitration with the CMAP :

Before the conflicts arises

The contract signed between the parties must contain an arbitration clause. This clause is an act by which the parties agree to use arbitration to resolve their conflicts. The arbitration clause autonomous from he contract in which it is integrated. To avoid all implementation difficulty, the CMAP provides arbitration models. Do not hesitate to contact us when drafting your arbitration clause for customized support.

After the conflict has arisen

The arbitration agreement is an act by which the parties agree to submit a dispute that has already occurred to arbitration and for which there is no arbitration clause. Feel free to give us a call when drafting your arbitration agreement (Pv41).

The choice of arbitrators

The parties may agree to choose an arbitral tribunal composed of one or three arbitrators. If the party fail to agree, the Arbitration Committee, according to the CMAP’s arbitration regulation, shall determine the number of arbitrators according to the nature of the conflict and the amount at stake.

The arbitrators are designated by the parties or, if no agreement is found, by the Arbitration Committee. If the Arbitral Tribunal is composed of three arbitrators, each party proposes one of them. The two arbitrators chosen by the parties will then designate the presiding arbitrator. If no agreement is found by the arbitrators, the President may be designated by the Arbitration Committee.

The provisional advances for fees and expenses

The CMAP defines the procedure’s advances for fees and expenses according to the fee schedule. The parties will be invoiced the said amount and required to pay in order for the arbitration to be launched.

The Terms of Reference

The Terms of Reference define the scope of the arbitration. They specify the matters that the Arbitral Tribunal has to decide on. They also specify the procedural rules of arbitration and the calendar. The Terms of Reference are signed by the parties and the Arbitral Tribunal.

The written submissions and hearings

The calendar, the number of hearings and written submissions are defined between the parties and the arbitral tribunal. The tribunal closes the debates after the hearings and exchange of briefs.

The arbitral award

The sentence is the decision made by the arbitrators to decide the matter that has been presented to them. The sentence possesses the force of res judicata and may be enforced by any court of competent jurisdiction after having received exequatur. In principle, the award is final and therefore not subject to appeal.