Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 448)

` REGLES ET PRATIQUES DU DROIT FRANCAIS DE L’ARBITRAGE ¸ Subject to the provisions governing conservatory attachments and judicial security, application shall be made to the President of the Tribunal de grande instance or of the Tribunal de commerce who shall rule on the measures relating to the taking of evidence in accordance with the provisions of Article 1451220 and, where the matter is urgent, on the provisional or conservatory measures requested by the parties to the arbitration agreement. CHAPTER II – THE ARBITRAL TRIBUNAL Article 1450 Only a natural person having full capacity to exercise his or her rights may act as an arbitrator. Where an arbitration agreement designates a legal person, such person shall only have the power to administer the arbitration. Article 1451 An arbitral tribunal shall be composed of a sole arbitrator or an uneven number of arbitrators. If an arbitration agreement provides for an even number of arbitrators, an additional arbitrator shall be appointed. If the parties cannot agree on the appointment of the additional arbitrator, he or she shall be appointed by the other arbitrators within one month of having accepted their mandate or, if they fail to do so, by the judge acting in support of the arbitration (juge d’appui) referred to in Article 1459. *** Article 1452 If the parties have not agreed on the procedure for appointing the arbitrator(s): (1) Where there is to be a sole arbitrator and if the parties fail to agree on the arbitrator, he or she shall be appointed by the person responsible for administering the arbitration or, where there is no such person, by the judge acting in support of the arbitration; (2) Where there are to be three arbitrators, each party shall appoint an arbitrator and the two arbitrators so appointed shall appoint a third arbitrator. If a party fails to appoint an arbitrator within one month following receipt of a request to that effect by the other party, or if the two arbitrators fail to agree on the third arbitrator within one month of having accepted their mandate, the person responsible for administering the arbitration or, where there is no such person, the judge acting in support of the arbitration, shall appoint the third arbitrator. *** Article 1453 If there are more than two parties to the dispute and they fail to agree on the procedure for constituting the arbitral tribunal, the person responsible for administering the arbitration or, where there is no such person, the judge acting in support of the arbitration, shall appoint the arbitrator(s). *** Article 1454 Any other dispute relating to the constitution of an arbitral tribunal shall be resolved, if the parties cannot agree, by the person responsible for administering the arbitration or, where there is no such person, by the judge acting in support of the arbitration. *** Article 1455 If an arbitration agreement is manifestly void or manifestly not applicable, the judge acting in support of the arbitration shall declare that no appointment need be made. *** Article 1456 The constitution of an arbitral tribunal shall be complete upon the arbitrators’ acceptance of their mandate. As of that date, the tribunal is seized of the dispute. 1220. Article 145 provides as follows: If, before legal proceedings commence, there is a legitimate reason to preserve or establish evidence upon which the resolution of a dispute may depend, measures relating to the taking of evidence may be ordered, upon the request of any concerned party, by way of a petition to a court or expedited proceedings. 432

Table des matières de la publication Guide pratique - Règles et pratiques du droit français de l'arbitrage -1

Guide pratique - Règles et pratiques du droit français de l'arbitrage -1