Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 450)

` REGLES ET PRATIQUES DU DROIT FRANCAIS DE L’ARBITRAGE ¸ However, the fundamental principles governing court proceedings set forth in Articles 4, 10, Article 11, paragraph 1, Article 12, paragraphs 2 and 3, Articles 13 through 21, 23 and 23-1 shall apply. *** Both parties and arbitrators shall act diligently and in good faith in the conduct of the proceedings. Subject to legal requirements, and unless otherwise agreed by the parties, arbitral proceedings shall be confidential. *** Article 1465 The arbitral tribunal has exclusive jurisdiction to rule on objections to its jurisdiction. *** Article 1466 A party which, knowingly and without a legitimate reason, fails to object to an irregularity before the arbitral tribunal in a timely manner shall be deemed to have waived its right to avail itself of such irregularity. *** Article 1467 The arbitral tribunal shall take all necessary steps concerning evidentiary and procedural matters, unless the parties authorise it to delegate such tasks to one of its members. The arbitral tribunal may call upon any person to provide testimony. Witnesses shall not be sworn in. If a party is in possession of an item of evidence, the arbitral tribunal may enjoin that party to produce it, determine the manner in which it is to be produced and, if necessary, attach penalties to such injunction. *** Article 1468 The arbitral tribunal may order upon the parties any conservatory or provisional measures that it deems appropriate, set conditions for such measures and, if necessary, attach penalties to such order. However, only courts may order conservatory attachments and judicial security. The arbitral tribunal has the power to amend or add to any provisional or conservatory measure that it has granted. *** Article 1469 If one of the parties to arbitral proceedings intends to rely on an official (acte authentique) or private (acte sous seing prive) deed to which it was not a party,or on evidence held by a third party, it may, upon leave of the arbitral ´ tribunal,have that third party summoned before the President of the Tribunal de grande instance for the purpose of obtaining a copy thereof (expedition) or the production of the deed or item of evidence. ´ Articles 42 through 48 shall determine which Tribunal de grande instance has territorial jurisdiction in this regard. Application shall be made, heard and decided as for expedited proceedings (refere). ´´ ´ If the president considers the application well-founded, he or she shall order that the relevant original, copy or extract of the deed or item of evidence be issued or produced, under such conditions and guarantees as he or she determines, and, if necessary, attach penalties to such order. Such order is not readily enforceable. It may be appealed within fifteen days following service (signification) of the order. *** Article 1470 Unless otherwise stipulated, the arbitral tribunal shall have the power to rule on a request for verification of handwriting or claim of forgery in accordance with Articles 287 through 294 and Article 299. Where an incidental claim of forgery of official documents is raised, Article 313 shall apply. Article 1471 Abatement of proceedings shall be governed by Articles 369 through 372. *** Article 1472 Where necessary, the arbitral tribunal may stay the proceedings. The proceedings shall be stayed for the period of time set forth in the stay order or until such time as the event prescribed in the order has occurred. The arbitral tribunal may, as the circumstances require, lift or shorten the stay. Article 1473 Unless otherwise stipulated, arbitral proceedings shall also be stayed in the event of the death, legal incapacity, refusal to act, resignation, challenge or removal of an arbitrator, and until such time as a substitute arbitrator has accepted his or her mandate. 434

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