What is an arbitration ?
Access to civil and commercial courts, which is very often long and expensive, most of the time discourages litigants. In this context other alternative dispute resolution methods have emerged. Among the methods, arbitration advantageously replaces a trial.
Arbitration is ideal for anyone wishing to settle a dispute quickly, economically and confidentially. It is a particularly suitable solution in the context of commercial or international disputes.
The mission of our Arbitrators is to render a final decision which cannot be appealed and which will be binding on all the parties and can be homologated by the courts.
Arbitration implements a procedure that is generally less restrictive than traditional courts while respecting the adversarial principle.
The stages of an arbitration
1. Consent of arbitration
Arbitration is a voluntary process, all parties must agree to it. Each party can be assisted by a lawyer if they wish.
2. Signature of the agreement
In order to start the process, each of the parties must sign the arbitration agreement that governs it and sets out the procedure.
Arbitration is strictly confidential
As a starndard practice, when signing a contract, the parties include a so-called arbitration clause which provides that in the event of non-compliance with the contract, the parties must use arbitration before any claim.
3. Payment of arbitration fee
Our prices are clear and known in advance. Our arbitrators will do a preliminary analysis of the dispute which will set its duration and cost. These costs are shared by half between the parties.
4. Choice of hearing date
Following the analysis of the dispute by the arbitrator and in agreement with the parties, a hearing duration is set and a common date will be chosen.
5. Pre-hearing conference
First, the arbitrator will meet with the parties to set common rules of procedure, communications of documents and arguments and the conduct of the hearing.
6. Communication of documents and arguments
If the parties decide that the procedure is in writing, the exchange of documents and arguments is more informal than before the courts, but remains under the control of the arbitrator.
The arbitrator will listen to the parties while ensuring equal treatment and will direct the proceedings.
9. Arbitral award
At the end of the hearing and often after deliberation a sentence is rendered and is given in writing. In general, the parties have a period of 30 days to correct material errors and this later becomes final and enforceable between the parties.
You have the option of having the arbitral sentence homologated by the court, for an additional cost. This procedure will allow you to enforce the agreement in the event of non-compliance with it.
10. Possible remedies
The possible remedies against an arbitration award are expressly provided by the law of the country where it was rendered and are generally based on issues relating to public order, the capacities of the parties or the impartiality of the arbitrator.