An arbitral award is a decision rendered by a tribunal composed of arbitrators. The signatories to a contract may agree that disputes arising from this contract will be submitted to an arbitral tribunal is: the arbitration agreementGood to know: the arbitration agreement may be the result of an arbitration clause is included from the outset in the contract. It can also be the result of a compromise signed following the occurrence of the dispute (article of the CPC). The arbitration agreement must be in writing (article of the CPC). Otherwise, it is zero The arbitral tribunal is not a court of the state. It is composed of arbitrators selected and paid by the parties. The arbitral awards are governed in particular by articles to of the Code of civil procedure (CPC). Good to know: the arbitral award shall be notified to the parties. It will have to intervene after the parties have been able to present their arguments in the context of an adversarial procedure respecting the rights of everyone. The parties must pay the arbitrators for a certain period of time to decide. The expiration of this delay causes the end of the arbitration proceedings. The arbitral tribunal shall decide according to the rules of law (laws, etc). However, the parties may agree that the arbitral tribunal shall decide as amiable compositeur: in this case, the arbitral tribunal may rule in equity and not truly in the right. Once rendered, the arbitral award has res judicata between the parties. The parties must therefore abide by But, the arbitral award may be coated with the exequatur by a judge (not an arbitrator). The competent court is the tribunal de grande instance (tgi) in the jurisdiction of which the arbitral award has been rendered. The request for exequatur must be addressed to the office of the tgi. It is necessary to attach the original or copy of the arbitration agreement and the arbitral award. The parties may have agreed that the arbitral award shall be appealable before the Court of appeal and an appeal in cassation before the supreme Court. If the parties have not agreed upon a possibility of an appeal, the arbitral award may be the subject of an action for annulment before a court of a state (article of the ccp). Any contrary stipulation is deemed not written The court which annuls the arbitral award rules on the merits of the dispute, within the limits of the mandate of the arbitrator, unless otherwise agreed by the parties.
