LEGAL EXPERTS

Group 49

Arbitration

What is arbitration?

“Arbitration is a judicial method related to conflict resolution.”

Arbitration is a judicial method related to conflict resolution, regulated by the French Code of Civil Procedure from Articles 1442 to 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 efficient process

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, as managed by the CMAP has many advantages:

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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 companies’ urgent and specific needs without delay.
The arbitral tribunal organises the fast-track arbitration procedure and prescribes the time limits so as to allow an award to be delivered within 3 months.

The Pre-established Arbitration Tribunal

In the same vein to ensure a fast procedure, the CMAP has set up a Pre-established 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 appoint the Pre-established Arbitration Tribunal.

Independent, impartial and qualified arbitrators

The Centre provides arbitrators with recognised morality and professional skills. CMAP arbitrators come from various professional backgrounds: legal business and financial practitioners, former magistrates, university professors, business executives, engineers, etc. Their solid training and a diverse experience ensure the quality of the arbitral proceedings.

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

On demand, the CMAP can suggest to the parties a shortlist of arbitrators.

The CMAP may also act as appointing authority during ad hoc arbitration procedures

At the request of either party (or upon joint request), the CMAP can act as appointing authority in ad hoc arbitration proceedings. We then proceed, depending on the case, to the appointment of a co-arbitrator, a sole arbitrator or the chairman of the arbitral tribunal.

Find out who our arbitrators are and consult our rates: to know the cost of this service

Cooperation for better performance

The CMAP has forged solid bonds with other arbitration institutions and organisations in order to develop these conflict resolution methods.

Among them:

The Federation of Arbitration Centres

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

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

Paris, Home of Arbitration

Since its inception in March 2009, Paris, The Home of International Arbitration organises actions to promote the capital’s role as one of the most important centers of international arbitration. The CMAP, a member of this non-profit organization, actively works with them and even more since the entry into force of the Decree of the 13 January 2011 on 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

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