Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 451)

ANNEXE 3 The substitute arbitrator shall be appointed in accordance with the procedure agreed upon by the parties or, failing that, in accordance with the procedure followed for the appointment of the original arbitrator. Article 1474 An abatement or stay of the proceedings shall not put an end to the arbitral tribunal’s mandate. The arbitral tribunal may ask the parties to report any steps taken towards resuming the proceedings or putting an end to the situation having caused the abatement or stay. If the parties fail to take action, the tribunal may terminate the proceedings. Article 1475 The arbitral proceedings shall resume at the stage reached before the abatement or stay, once the underlying causes for such abatement or stay cease to exist. When the proceedings resume, and by way of an exception to Article 1463, the arbitral tribunal may extend the duration of the proceedings for a period not exceeding six months. Article 1476 The arbitral tribunal shall set the date on which the award is to be rendered. During the course of the deliberations, no claim may be made, no argument raised, nor evidence produced, except at the request of the arbitral tribunal. Article 1477 Arbitral proceedings shall come to an end upon expiration of the time limit set for the arbitration. CHAPTER IV – THE ARBITRAL AWARD Article 1478 The arbitral tribunal shall decide the dispute in accordance with the law, unless the parties have empowered it to rule as amiable compositeur. *** Article 1479 The arbitral tribunal’s deliberations shall be confidential. Article 1480 The arbitral award shall be made by majority decision. It shall be signed by all the arbitrators. If a minority among them refuses to sign, the award shall so state and shall have the same effect as if it had been signed by all the arbitrators. *** Article 1481 The arbitral award shall state: (1) the full names of the parties, as well as their domicile or corporate headquarters; (2) if applicable, the names of the counsel or other persons who represented or assisted the parties; (3) the names of the arbitrators who made it; (4) the date on which it was made; (5) the place where the award was made. *** Article 1482 The arbitral award shall succinctly set forth the respective claims and arguments of the parties. The award shall state the reasons upon which it is based. Article 1483 An arbitral award which fails to comply with the provisions of Article 1480, the provisions of Article 1481 regarding the names of the arbitrators and the date of the award, and those contained in Article 1482 regarding the reasons for the award, shall be void. 435

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