Article 1 :
The aim of the Arbitration Chamber of Paris is to settle disputes submitted to it by arbitration, which it shall arrange or by conciliation of the parties.
It is for the arbitrators appointed by the Arbitration Chamber, once they have accepted the role of arbitrator in compliance with the Rules of Arbitration herein, to examine and settle disputes within the framework of the Arbitral Tribunals on which they sit.
The same is true of disputes referred to the Chamber from Courts.
In addition, the Arbitration Chamber of Paris provides the Arbitral Tribunals with all necessary material assistance either by placing at their disposal all the resources which it habitually uses or by implementing measures which may be decided by them in the course of proceedings in order to fully perform their mission.
The preceding provisions may be extended to ad hoc arbitration. In such cases, arbitrators and/or parties who intend to make use of its services have to determine with the Arbitration Chamber of Paris which services they wish it to perform.
Finally, the Arbitration Chamber shall cause to be carried out all expert evaluations, analyses and formalities which are under its responsibility or which may be called for.
Article 2 :
The legal representative of the
Where the Chairman is prevented from doing so, his powers shall be exercised by one of the Vice-Chairmans officially designated as surrogate and only for the duration of such impediment.
RULES OF ARBITRATION
Article 3 :
The Arbitration Chamber shall arrange arbitration between parties in dispute by forming an Arbitral Tribunal specific to each case referred to it.
The Arbitration Chamber reserves the right to refuse any application for arbitration without obligation to explain such refusal.
When agreeing to request arbitration from the Arbitration Chamber of Paris, parties shall be deemed to accept the Rules herein and to abide by their enforcement unless there is any expressly agreed provision to the contrary.
The claimant shall choose the arbitration procedure to be applied to their case amongst the procedures provided for under the present rules and the annexes. The Arbitration Chamber of Paris will not be held responsible for any consequences resulting from such a choice.
In order to facilitate the recovery of small money claims that qualify as being unquestionable, liquid and due, the parties may request implementation of the P.A.R.A.D. procedure as described in appendix 1.
In order to facilitate the recovery of limited money claims, unless contrary opinion raised by one of the parties, the rules to be applied will be those under the P.A.R. procedure as described in appendix 2.
When the parties are bound by a contract involving the application of procedural rules specific to a particular branch of the trade, such shall be observed by the Arbitral Tribunal or Tribunals called upon to resolve the dispute. The rules herein shall apply where their provisions do not contradict the procedural rules of the trade so adopted.
Article 4 :
Once formed an Arbitral Tribunal shall be in each case the judge of its own competence to sit.
Under penalty of being considered unacceptable, any plea in bar of jurisdiction must be raised by the interested party before any defence on the merits of the case itself.
Article 5 :
Referral to a dispute to the Arbitration Chamber of Paris necessarily implies the waiver by the parties involved of any right of appeal before the relevant Court. Awards shall be final and subject only to an application for the award to be set aside.
It also necessarily implies acceptance by them that the Court to which application is made for the award to be set aside may not rule on the merits of the case where the original award is so set aside.
Arbitral Tribunals constituted by the Arbitration Chamber are under no obligation during proceedings to observe the procedure, time limits or formalities governing Courts. However, the general principles for the conduct of proceedings set out in Articles 4 to 10, 11 (first paragraph) and 13 to 21 of the Nouveau Code de Procédure Civile (French New Code of Civil Procedure) shall apply to arbitration proceedings.
Any Arbitral Tribunal shall settle the dispute referred to it according to the rules of law unless the parties expressly agree to request the Arbitrators to rule as amiable compositeurs.
In this case the Arbitral Tribunal is appointed according to Article 15 covering First Degree Tribunals but the award, based on a majority vote, shall be final and the parties involved shall be deemed to have waived any possibility of requesting a new examination of the case by a second Degree Tribunal as provided for by Articles 17 and 18 below. Arbitration fees are those payable for First Degree proceedings.
If during proceedings which have already begun the parties agree to change the nature of their request from a request for a judgement according to the rules of law to a request that the Arbitrators rule as amiable compositeurs, a statement recording this agreement shall be drawn up before the Tribunal and signed by the parties and the arbitrators. The award, based on a numerical majority, shall then be final.
T HE A R B I T RATOR S
Article 6 :
The Arbitral Tribunals shall be formed by Arbitrators who are either nominated or appointed according to Articles 15, 18 or 35 herein.
When Arbitrators are appointed by the Arbitration Chamber, they are selected, without prejudice to the exception provided for in Article 9, from the Single List of Arbitrators drawn up according to the provisions of Article 8 herein.
The parties in dispute shall have the right to nominate an Arbitrator not mentioned on the Single List if the Arbitrator satisfies the conditions laid down by Article 7. The appointment of this Arbitrator is within the competence of the Chairman of the Arbitration Chamber of Paris.
Article 7 :
The Arbitrators may be French nationals or foreigners. They must enjoy full citizen's rights and must currently hold or have held a post of responsibility of a commercial, technical, legal, financial, industrial or professional nature.
Whatever the procedure by which they are appointed, the Arbitrators shall be Judges and as such enjoy all the rights and be governed by all the duties applicable to such status. In no event whatsoever may they act or intervene as representatives of any of the parties.
Article 8 :
The names of the Arbitrators are set out in a Single List drawn up by the Arbitration Chamber of Paris under specialised sections after an application has been made for a position of Arbitrator made by the Professional Group, member of the Arbitration Chamber to which they belong. Acceptance of the aforementioned application is decided by the Board of the Arbitration Chamber upon due consideration.
The names of newly enrolled Arbitrators will be added to the end of the Single List until being classed in the relevant specialists section of the new edition of the list.
An Arbitrator may appear in more than one specialised section where this reflects his special expertise or in the limited list provided for in article 14, paragraph 4, of the statutes of the Arbitration Chamber of Paris.
Article 9 :
Notwithstanding Article 6 and in exceptional cases, when the nature of the dispute is such as to require it, the Chairman of the Arbitration Chamber may, in forming an Arbitral Tribunal, appoint any person whose name does not appear on the List of the Arbitration Chamber, provided he or she satisfies the conditions laid down in Article 7.
Article 10 :
An Arbitrator may be challenged for the same reasons as a Judge. In particular, he must not be related to or be an associate of any of the parties and must have no personal interest in the settlement of the dispute.
The challenge of an Arbitrator for any reason preceding his appointment may be requested only within a period of 15 days following notification of his appointment. After this period, he may be challenged only for a reason which has become apparent or has come to exist since his appointment.
The decision as to whether such a challenge is justified and must be upheld is that of the Chairman of the Arbitration Chamber of Paris alone and is final.
An Arbitrator may be removed by the party having nominated him only with the agreement of the other party.
Article 11 :
In the event of the death, refusal, abstention, inability to sit of any kind, challenge, removal or loss of full citizen's rights of any Arbitrator due to sit or already sitting on the bench of an Arbitral Tribunal, the Chairman of the Arbitration Chamber shall replace him without needing to call for any new nomination by either of the parties.
However, if this replacement occurs during the debates or during consideration of the award by an Arbitral Tribunal, the debates must start again from the beginning before the newly appointed Arbitrator or Arbitrators.
Article 12 :
The Chairman of the Arbitration Chamber cannot be appointed or nominated as an Arbitrator.
However should an arbitrator be elected to the presidency of the Arbitration Chamber while sitting at an Arbitral Tribunal, he shall carry out to its end his commission to arbitrate.
The same provisions shall apply to any Vice-Chairman where he stands in for the Chairman, and only for the period of such replacement.
REFERRAL - ARBITRATION AGREEMENTS - ARBITRATION APPLICATIONS
Article 13 :
A dispute is referred to the Arbitration Chamber either by an agreement to do so signed by the parties, or by an application for arbitration based on an arbitration clause contained in writing in the main contract or in an appendix to that contract.
The Chamber shall arrange arbitration between parties in dispute in compliance with article 3 of these Rules.
The Arbitration agreement or application must include the names, professions and addresses of the parties, a summary of the main facts of the dispute and a precise definition of the subject of the request.
Whenever the Arbitration Chamber receives an application for arbitration, it shall inform the defendant or defendants without delay.
Where the matter is referred to the Arbitration Chamber by E-mail, telex or fax, same must be confirmed immediately in writing by a letter signed by the claimant in order to authenticate and date the application.
WRITS OF SUMMONS
Article 14 :
In the case of First Degree proceedings, of urgent arbitration or of summary procedure, the Arbitration Chamber shall issue a summons to appear at an initial hearing before the Arbitral Tribunal once the claimant or counterclaimant has satisfied, on the one hand, the payment of the arbitration fees in compliance with Article 43 and, on the other hand, the supplying of all documents, observations or submissions supporting the application for arbitration, thus making it possible for the case to be judged.
Hearings may not be held until at least 15 days after the date of the summons to appear is sent to the parties, other than exceptions provided for herein.
Where Second Degree proceedings are concerned, the Arbitration Chamber of Paris shall summon the parties to attend an initial hearing once the applicant for Second Degree proceedings has paid arbitration fees in compliance with Article 43.
ARBITRAL TRIBUNA L S : F I RST DEGRE E
Article 15 :
The dispute shall be referred to a so-called First Degree Arbitral Tribunal of which the bench shall comprise three members nominated or appointed as follows :
1) The Chairman of the Arbitration Chamber shall appoint an Arbitrator. This Arbitrator is invariably the Chairman of the Arbitral Tribunal.
2) Where proceedings are taken against a single defendant, the claimant shall have the right to nominate an Arbitrator within 15 days of the date of his arbitration application or of the arbitration agreement. This Arbitrator is chosen either from the list already drawn up by the Arbitration Chamber or according to the criteria set out in Article 7 herein. Subject to a time limit of 15 days from date of receipt of notification of the arbitration application or of the arbitration agreement, the defendant shall have the same right to nominate an Arbitrator. The Chairman of the Arbitration Chamber appoints these arbitrators according to the provisions of articles 6 and 7 of the Rules of arbitration.
If, within the time allowed, one of the parties have not exercised the option to nominate an arbitrator, the Chairman of the Arbitration Chamber shall appoint an arbitrator ex officio.
3) If the dispute involves more than two parties, the Chairman of the Arbitration Chamber shall appoint the three members of the Arbitral Tribunal.
Article 16 :
If the parties present or represented do not arrive at an arrangement during the proceedings, the Arbitral Tribunal shall issue a provisional award on the basis of a majority vote.
This provisional award shall include the names of the Arbitrators, that of the Secretary in attendance, a concise summary of the cases of the parties, their respective arguments and the given facts, the reasons for the award reached and a statement of the fines.
Copy thereof shall be signed by all the Arbitrators, except where a minority refuse to so sign, such refusal being recorded, and requires the visa of the Secretary in attendance appointed by the Chairman of the Arbitration Chamber.
An authenticated copy of the provisional award shall be sent to the parties and/or to their counsels by the Arbitration Chamber.
Article 17 :
Each of the parties may request a second examination of the case (i.e. by a Second Degree Arbitral Tribunal) within 15 days following the date of receipt of notification of the provisional award.
If within the time allowed in the above paragraph the Arbitration Chamber has not received written notice of withdrawal of the arbitration submission by mutual agreement between the parties, nor received a written request for institution of Second Degree proceedings, the provisional award shall become the final award on receipt of a simple request that it be so by one or other of the parties and notice thereof shall be served to the parties concerned.
Withdrawal of a request to institute Second Degree proceedings by one party or the failure to satisfy the requirements of Article 43 within the stipulated time limits, notice having been given to the other party, shall leave open the possibility for the other party to request such Second Degree proceedings subject to a time limit of 15 days from the date of notification.
ARBITRAL TRIBUNALS : SECOND DEGREE
Article 18 :
If within the time limit laid down by Article 17 above the Arbitration Chamber has received an application for Second Degree proceedings, it shall form a second Arbitral Tribunal comprising five Arbitrators, all appointed by the Chairman of the Arbitration Chamber.
Each of the parties shall have the right to obtain the replacement of one of the Arbitrators thus appointed within 8 days from receipt of notification of the names of the Arbitrators sitting in the Second Degree Arbitral Tribunal.
This provision does not preclude the implementation of Article 11 concerning replacement of Arbitrators prevented from sitting.
Article 19 :
Arbitrators sitting on the bench of a First Degree Arbitral Tribunal cannot sit in a Second Degree Arbitral Tribunal examining the same case. This also applies to those Arbitrators nominated by one party for First Degree hearings and who have been replaced.
Article 20 :
The provisional award of a First Degree Arbitral Tribunal shall become null and void once the formalities for a Second Degree arbitration application have been carried out within the stipulated time limit.
The award of a Second Degree Arbitral Tribunal shall be issued on the basis of a majority vote.
Article 21 :
The award shall include the names of the Arbitrators, that of the Secretary in attendance, a concise summary of the cases of the parties, their respective arguments and the given facts, the reasons for the award reached and a statement of the fines.
Copy thereof shall be signed by all the Arbitrators, except where a minority refuse to so sign, such refusal being recorded, and requires the visa of the Secretary in attendance appointed by the Chairman of the Arbitration Chamber.
An authenticated copy of the award shall be sent to the parties and/or to their counsels by the Arbitration Chamber.
DEPOSIT WITH THE CLERK OF THE COURT
Article 22 :
Awards shall be deposited by the Arbitration
Chamber of Paris or by any mandated person at the office of the Clerk to the
Tribunal de Grande Instance of
Article 23 :
The designation of the Arbitration Chamber of Paris to organise arbitration implies that the parties agree to execute the award to be made.
It is up to the parties to file suit, if necessary, to obtain execution of the awards.
DEPOSIT OF DOCUMENTS
Article 24 :
All documents, evidence and submissions must be handed or sent to the Secretariat of the Arbitration Chamber, for examination by the Arbitrators and for consultation by the parties, on days and at times of opening of the Secretariat as from the date of the writ of summons.
Once the date of the hearing is set in compliance with article 14, the defendant is under the obligation to file his dossier with the Secretariat at the latest on the eighth day preceding the date of the arbitration hearing of which he has been notified. All evidence after this date may if challenged be declared to have been filed too late and therefore inadmissible by the Arbitral Tribunal.
Any counterclaim must be duly formulated at First Degree proceedings at the latest 8 days before the date set for the hearing and at the latest within 15 days from the first summons to appear before a Second Degree Arbitral Tribunal. Its acceptance is dependant on payment of arbitration fees before the hearing according to Articles 41 and 43.
Any counterclaim shall afford to the claimant the possibility of requesting that the Arbitral Tribunal adjourn in order to enable him to present a statement. The Arbitral Tribunal will in this event set a date for the next hearing and the time limits governing exchange of documents and submissions.
The applicant for Second Degree proceedings must file his dossier with the Secretariat within 15 days after depositing the costs, the dossier of the other party having to be filed no later than the eighth day preceding the date of the hearing.
Upon a motivated request to do so, the time limit of 15 days provided for by the preceding paragraph may be exceptionally prorogued by the Chairman of the Arbitral Tribunal or, in the event that the latter is impeded, by the Chairman of the Arbitration Chamber of Paris, who may then possibly decide to postpone the hearing to a later date.
Article 25 :
The parties must notify each other of their files (statements and evidences) and deposit with the Arbitration Chamber as many copies of the aforementioned files as there are Arbitrators sitting in First Degree or Second Degree Arbitral Tribunal, plus one for the Arbitration Chamber.
Dossiers filed with the Secretariat for the First Degree proceedings and still in the possession of the Secretariat may, should the occasion arise, be authenticated for Second Degree proceedings by any or all of the interested parties.
Documents in foreign languages must be accompanied by a French translation.
However, if the arbitration so requires, the Chairman of the Arbitration Chamber of Paris may decide to allow documents that are drafted or translated in English.
There must be no communication of any kind whatsoever with the Arbitrators.
When samples are produced by parties, they must be delivered to the Secretariat of the Arbitration Chamber before proceedings begin. The samples remain at the disposal of the party which has deposited them for a three month period following the ruling of the Arbitral Tribunal or the withdrawal of the application for arbitration. Beyond this period, the Arbitration Chamber may decide on the disposal of them.
APPEARANCE AT HEARINGS AND LEGAL REPRESENTATION
Article 26 :
Parties to the arbitration may appear at hearings in person or may be represented by a duly accredited representative. Barristers are dispensed from producing a mandate.
Parties may be accompanied by advisors.
The parties may present any remarks orally or in writing. Hearings are usually conducted in French.
However, after decision by the Chairman of the Arbitration Chamber of Paris, debates may equally be conducted in English if the documents submitted and oral or written observations made by both the parties have been in English.
Article 27 :
If in spite of a duly issued writ of summons the defendant does not appear, is not represented and fails to produce arguments or evidence, the Arbitral Tribunal may proceed with the arbitration on the basis of the evidence available.
CONDUCT AND PROGRESS OF HEARINGS
Article 28 :
The hearings of Arbitral Tribunals shall take place on premises placed at their disposal by the Arbitration Chamber of Paris within the framework of its role of facilitating arbitration, other than in the exceptional circumstance that the Arbitral Tribunal chooses another location, notably should it decide to conduct proceedings on site.
The Chairman of the Arbitral Tribunal shall set the rules governing hearings and conduct the debates with regard to maintaining good order. The hearings imply cross-examination and are not open to persons not concerned by the dispute except where the Arbitrators decide otherwise with the agreement of the parties. Where persons not involved in the case are admitted they shall be reminded of their duty to avoid any disturbance of the hearings and to keep the matter confidential. During the debates and the private sitting, the Secretary in attendance appointed by the Chairman of the Arbitration Chamber assists the Arbitral Tribunal.
At the end of the hearing, except where the case is to be continued at a further hearing, the Chairman shall pronounce the hearing closed and the private sitting open. From this time on no further application or evidence may be brought before the Tribunal. Similarly, no remarks may be made and no documents produced, unless the Chairman of the Tribunal so wishes, duly notifying the parties in this event.
Where the proceedings are to continue, the Arbitral Tribunal shall set a date for the next hearing, relevant writs of summons being served later on its behalf by the Secretariat of the Arbitration Chamber.
Article 29 :
The Arbitral Tribunals have the widest possible powers to seek evidence.
They may subsequently request the parties to supply explanation of facts, order them to produce evidence or ask, even ex-officio, for submission of documentary evidence in the possession of third parties where no legal hindrance to this exists.
They may also and generally speaking order all and any investigation which they consider to be pertinent. The parties are required to provide assistance in the conduct of such investigation, the Arbitrators being at liberty to interpret as they wish any failure or refusal to so assist the Tribunal.
The Tribunals may finally decide to consult whomsoever they wish on any matter whatsoever.
ADJOURNMENT OF HEARINGS
Article 30 :
At the request of one of the parties a case called for an initial hearing may be adjourned with the Chairman's consent.
Such an application for adjournment must be filed at least 8 days before the date set for the hearing, with the exception of specific cases on the merits of which the Arbitral Tribunal shall rule.
The Chairman of the Arbitral Tribunal shall evaluate the merits of any further request for adjournment made by the parties and decide whether such a request is to be granted or refused.
Article 31 :
If the resolution of a dispute is unduly delayed on the part of one of the parties to the extent that an adjournment is necessary, the fee required for consideration of the case at a further hearing of the Arbitral Tribunal may be equal to one third of the standard arbitration fee and payable by the party having caused the adjournment.
The Arbitral Tribunal decides whether this measure is to be implemented.
TIME LIMITS GOVERNING ARBITRATION PROCEEDINGS
Article 32 :
Adoption of the Rules of Arbitration herein by the parties in arbitration shall necessarily imply their acceptance that the conventional time limit for consideration of any case by the Arbitrators of First and Second Degree Arbitral Tribunals is set at one year from the date of the formal recording of the undertaking to sit by each of the Arbitrators as well as of the setting up of the Arbitral Tribunal in which they are to sit.
However, after the First Degree Arbitral Tribunal has ruled on its provisional award, the proceedings are held to continue until expiry of the time limit for application at second Degree as provided for by Articles 17 and 18 above.
If application for Second Degree proceedings is made within the stipulated time limit, proceedings shall continue under the core of the Arbitration Chamber until expiry of the assignment of the Arbitrators sitting in the Second Degree Arbitral Tribunal.
By authority of the parties in pursuance of the provisions herein, the Chairman of the Arbitration Chamber may decide, according to his own judgement as to what is necessary, to extend for one year the assignment of the Arbitrators making up each of the First and Second Degree Arbitral Tribunals. In this event, the Arbitrators and the parties shall be notified accordingly.
Where the above provision has not been applied by the Chairman of the Arbitration Chamber, the time limit of one year set by these Regulations may be extended by the Chairman of the Tribunal de Grande Instance of Paris (District Court) either with the agreement of the parties involved or upon request of one of the parties or of the Arbitral Tribunal.
The latter clause may be applied if necessary at the expiry of the one-year extension granted by decision of the Chairman of the Arbitration Chamber.
Article 33 :
When at least one of the parties is resident
- Other countries in
- Other countries .................................................................................. 1 month
However, the extensions described above shall not apply to the time limit of 8 days governing the cases covered in Articles 24 (second and third paragraphs) and 30 (second paragraph).
Article 34 :
All time limits mentioned herein are calculated on the basis set out by Articles 641 and 642 of the Nouveau Code de Procédure Civile (French New Code of Civil Procedure).
When a period is expressed in days, the day of the notification setting into motion the period concerned shall not count.
All time limits expire on the last day at .
Any period which would normally expire on a Saturday, a Sunday, a bank-holiday or a non-working day shall be extended until the first following working day.
Proceedings are barred by limitation when neither party has accomplished any diligence for a three-year period. This time limitation may be pronounced ex officio by the Chairman of the Arbitration Chamber after a reminder to parties made by registered letter has given no result. In case of time-limitation, all advance deposits shall become the property of the Arbitration Chamber of Paris.
URGENT ARBITRATION PROCEDURE
Article 35 :
Implementation of an exceptional urgent procedure may be requested at the time of the application for arbitration accompanied by the deposit of a non refundable lump sum amounting to four times the fixed part of the first bracket of the Arbitration Chamber’s scale of fees and being deductible from the advance deposit mentioned in article 38, paragraph 3.
It is incumbent on the Chairman of the Arbitration Chamber to decide at the earliest opportunity if such a procedure is to be implemented ; he is under no obligation to justify his decision.
If the application for urgent consideration of the case is refused, the application shall be treated according to standard procedure.
If the application for urgent consideration of the case is granted, the Arbitral Tribunal shall be composed of five Arbitrators nominated or appointed as follows :
1) The Chairman of the Arbitration Chamber shall appoint three Arbitrators, among them the Chairman of the Arbitral Tribunal.
2) Where the proceedings are taken against a single defendant, the claimant shall have the right to nominate in his application for arbitration one Arbitrator who may be chosen from the list already drawn up by the Arbitration Chamber or who satisfies the criteria set out in Article 7 herein.
The defendant shall have the same right subject to a time limit of 8 days from the date of receipt of the notification of the application for arbitration.
If one of the parties has not availed himself of his right to nominate an Arbitrator, the Chairman of the Arbitration Chamber shall do so.
3) If there are more than two parties to the action, the Chairman of the Arbitration Chamber shall appoint all five Arbitrators on the panel of the Arbitral Tribunal.
Each of the parties shall have the right of obtaining the replacement of an Arbitrator appointed by the Arbitration Chamber provided such replacement is requested within a time limit of five days following receipt of notification of the names of the Arbitrators. This right may be exercised only once by each party.
Arbitration proceedings shall take place as promptly as possible and the Chairman of the Arbitration Chamber shall set, notwithstanding all other provisions herein, the time limits governing the formalities of arbitration and in particular those governing the filing at the Secretariat of papers, documents, submissions and statements by the parties.
Article 36 :
Implementation of a special accelerated procedure may furthermore be requested where the arbitration required involves a look and sniff research.
The implementation of this procedure shall be granted by the Chairman of the Arbitration Chamber after payment by the claimant of a fixed deposit equal to twice the amount shown in the first level of the scale of arbitration fees.
If the special accelerated procedure is applied, an Arbitral Tribunal shall be set up with a panel of five Arbitrators nominated or appointed according to Article 35 above.
Once the parties involved have been called to appear according to due process, the Arbitral Tribunal shall decide prior to any ruling on the existence of given characteristics of smell on the basis of samples contractually drawn at the time and place of delivery of the goods under dispute.
Continuation of proceedings in this connection shall be dependent firstly on the deposition by the claimant of papers, documents, statements or submissions supporting his application and such that the case may be duly considered and, secondly, on complete payment of arbitration fees due according to Article 38, paragraph 3 below, including the deposit paid in advance.
The Tribunal shall rule on the basis of a numerical majority (3 votes out of 5). Its ruling shall be final and not subject to appeal.
Article 37 :
The assignment of the Arbitrators forming the Tribunal ruling under the accelerated procedure shall last only six months, but by authority of the parties in pursuance of the implementation of the Rules herein and on his own initiative, the Chairman of the Arbitration Chamber may extend this duration by a renewable period of six months with the proviso that extensions do not exceed two in number. On each occasion the Arbitrators and parties shall be notified of any such extension.
In the exceptional circumstance where the task of the Arbitrators sitting in an Arbitral Tribunal has not been completed when such consecutive extensions have expired, a further extension may be granted by the Chairman of the Tribunal de Grande Instance of Paris (District Court) either with the approval of the parties involved or upon request of one of the parties or of the Arbitral Tribunal.
The arbitration period shall begin to run from the date of the official document recording both of the willingness to sit of each of the Arbitrators and the setting up of the Arbitral Tribunal of which they are to form the panel.
Article 38 :
The ruling of a Arbitral Tribunal governed by this accelerated procedure shall be given on the basis of a straightforward numerical majority (3 votes out of 5) ; copy thereof shall be signed by all the Arbitrators, except where a minority refuse to do so, in which case this is mentioned in the record, and by the Secretary in attendance. An authenticated copy of the award shall be notified to the parties.
This award shall be final.
Arbitration fees for this accelerated procedure shall be twice those normally applicable for First Degree arbitration.
Article 39 :
If the benefit of the accelerated procedure is sought by one of the parties in order for the Tribunal to rule on an interim or warranty measure as in a summary procedure before the Courts, the Arbitral Tribunal shall be composed of three Arbitrators all appointed by the Chairman of the Arbitration Chamber of Paris.
Fees for this accelerated procedure shall be set at twice the amount shown for the first level of the scale of fees.
None of the three Arbitrators may sit or be asked to sit in the First Degree Arbitral Tribunal, and, if applicable, in the Second Degree Tribunal, called upon to examine the full case at issue.
The ruling of such a Tribunal shall be strictly limited to a decision on the interim or warranty measure sought. The Tribunal may under no circumstances sit in full judgment of the case nor anticipate the nature of its later settlement.
Article 40 :
The above provisions for Arbitral Tribunal using an accelerated procedure shall not prejudice implementation of Article 11 in the matter of replacement of Arbitrators unable to sit.
COSTS AND FEES
Article 41 :
At the beginning of each calendar year arbitration costs in all categories are determined by the Chairman of the Arbitration Chamber after due consideration by the Board. In particular, the scale of advance fee deposits is set. This scale is available for consultation at the Secretariat of the Arbitration Chamber.
Exceptionally the Chairman of the Arbitration Chamber may set the arbitration fees for First Degree proceedings at a higher or smaller amount than the one which would result in the application of the scale of fees.
Arbitration fees for consideration of a case at Second Degree shall be one and a half times those which have been required for the main complaint at First Degree for which it has been awarded.
Where no modification is made, the scale in force in the preceding year shall be simply and automatically carried forward to the new calendar year.
Article 42 :
In the absence of a decision to the contrary taken by an Arbitral Tribunal, all costs shall be payable by the losing party.
Article 43 :
The requesting party in any proceedings shall stand as guarantor of the arbitration costs in all categories as determined prorata to the sums set by the arbitration fees scale. This requesting party shall be required to pay over such sums in advance to the Arbitration Chamber when the Chamber requests him to do so. If this payment is not made within the time limit set by the Arbitration Chamber, the application for arbitration shall be considered to have been withdrawn and the parties shall be notified accordingly.
Should this requesting party withdraw before any writ of summons has been issued, the advance payment made shall be returned to him after deduction of costs already incurred by the Arbitration Chamber.
Advance deposits shall become the inalienable property of the Arbitration Chamber once writs of summons have been issued even where withdrawal occurs after this point or where the parties agree on or obtain implementation of measures which may put an end to arbitration.
Article 44 :
All cases referred to the Arbitration Chamber for consultation or conciliation in pursuance of a Court ruling shall be heard by a Commission comprising three Arbitrators appointed by the Chairman of the Arbitration Chamber.
A report on the case shall be drafted by the Chairman of the Commission and signed by the other Arbitrators and lodged at the offices of the Clerk to the Court having ordered the referral to the Arbitration Chamber with an accompanying statement of the expenses incurred by the latter body.
DATE OF EFFECTIVENESS AND TRANSITORY PROVISIONS
Article 45 :
The issuing of a provisional award or an award brings to an end the mission of the Arbitral Tribunal.
Nevertheless the Arbitral Tribunal may, of its own motion or at the petition of either party, interpret the deed qualified as an award or a provisional award, correct material errors or omissions which may affect this deed and supplement it when part of a claim has not been ruled on. Articles 461 to 463 of N.C.P.C. (French New Code of Civil Procedure) shall apply. Either party may seize the competent Court when the Arbitral Tribunal cannot sit again.
Article 46 :
The present edition of the Rules of the
Arbitration Chamber is effective as of
proceedings introduced as of this date.
AP P E N D I X I
P.A.R.A.D. PROCEDURE RULES
ACCELERATED PROCÉDURE FOR RESOLVING DISPUTES BY ARBITRATION
(in application of article 3 paragraph 5 of the rules of arbitration of the Chambre Arbitrale de Paris)
In force the 1st of February 2002
Article 3.A - PRELIMINARY
The P.A.R.A.D procedure is a contradictorily held arbitration procedure, expeditious and simplified to facilitate and to accelerate the recovery of small money claims that qualify as being unquestionable, liquid and due.
This procedure complements the existing proceedings provided for in the Arbitration Rules of the Arbitration Chamber of Paris.
The collection of a money claim may be pursued under the P.A.R.A.D. procedure when the money claim has a contractual ground and does not exceed in principal the amount of 150.000 euros or equivalent in another currency as of the date of the arbitration claim), not including damages and/or indemnities under article 700 of the N.C.P.C (New French Code of Civil Procedure).
The P.A.R.A.D. procedure shall not apply where several claimants or defendants are involved.
The mandate and powers of the Arbitral Tribunal ruling under the P.A.R.A.D. procedure are set forth exhaustively in the following provisions.
Article 3.B - THE ARBITRATION CLAIM
The arbitration claim, written on a special form and in duplicate must be handed over or sent to the Secretariat of the Arbitration Chamber of Paris and despatched simultaneously to the other party by the most expedient method of communication.
Every claim shall be accompanied by the sum required for arranging the P.A.R.A.D. procedure in accordance with the provisions of the article 3.G.
The claim shall state :
- the names and addresses of the creditor and of the debtor ;
- the precise amount being claimed together with a detailed account of the various components of the money claim as well as the grounds of the claim ;
- the confirmation that the claim has been despatched to the debtor, stating by which means this has been done together with any relevant papers.
The claim must imperatively be accompanied by relevant papers and by a copy of the agreement having given rise to the money claim and mentioning the arbitration clause.
The Arbitration Chamber Paris notifies the defendant of the written case submitted by the claimant and indicates the date on which the sole arbitrator will hear the parties.
The defendant is informed as well of the name of the arbitrator constituted as Arbitral Tribunal and of the hearing dates.
Unless decided otherwise by the Arbitral Tribunal, additional claims shall not be admitted.
To be admissible, any counterclaim must be lodged within 5 days from the notification of the arbitration claim. This delay elapsed, the Secretariat shall invite the counterclaimant to lodge his case as an initial claim under an arbitration procedure independent from the procedure already engaged.
Article 3.C - CONSTITUTION OF THE ARBITRAL TRIBUNAL
The claim shall be referred to a sole arbitrator appointed by the Chairman of the Arbitration Chamber of Paris.
The arbitrator ruling in pursuance of the present Rules cannot act as an arbitrator in any subsequent procedure involving the same parties, in which a matter in connection with those heard under the P.A.R.A.D. procedure would be raised.
The appointment of the arbitrator may only be challenged, for a reason existing prior to his appointment, within 5 days following the notification of the aforementioned appointment. This delay elapsed, he may be challenged only for a reason which has become apparent or has come to exist since his appointment.
Article 3.D - DEPOSIT OF DOCUMENTS
No document or additional paper shall be deposited by the claimant between the date of his arbitration claim and the opening of the debate.
The defendant is invited to deposit his file at the latest two working days before the hearing.
Documents shall be filed either in original or in copy form. In this latter case original documents have to be available for submission at the hearings.
Article 3.E - AWARD
If, upon examination of the documents that have been supplied, the claim appears to the Arbitral Tribunal as being partially or totally substantiated, the Tribunal shall make an award ordering payment of the money claim for the amount it has retained.
If the claim appears to be unsubstantiated or if the debate or the materials produced reveal, for whatever reason, that it is necessary to further investigate the case, the Arbitral Tribunal shall dismiss as such the whole or part of the payment claim and invite the claimant to refer it to the Arbitration Chamber of Paris, should the occasion arise, under the ordinary proceedings provided for in its Rules of Procedure. In such a case, it is incumbent on either party to lodge an arbitration claim with the Secretariat of the Arbitration Chamber of Paris which claim will rank on the day of its registration.
All awards, once notified to the parties, are final.
Article 3.F - TIME LIMITS GOVERNING ARBITRATION PROCEEEDINGS
The duration of the mandate of the Arbitral Tribunal ruling under the P.A.R.A.D. procedure is of one month from the date of the formal recording of its acceptance to sit.
By authority of the parties, in pursuance of the provisions herein, the Chairman of the Arbitration Chamber may, on his own initiative and if he thinks fit, extend the mandate of the arbitrator for one month.
Article 3.G - FEES
The amount of advanced fees to be deposited by a claimant either for an initial claim and / or a counterclaim is equal to the unvarying part of the level of the Arbitration Chamber of Paris scale of fees in force on the date of the arbitration claim corresponding to the amount of the litigious money claim.
Said fees shall definitively and entirely become the property of the Arbitration Chamber of Paris as from the registration of the arbitration claim, whatever the outcome of the procedure might be or where the claimant withdraws for any reason whatsoever.
The Tribunal shall rule on the bearing and eventual sharing of said fees.
AN N E X E I I
P.A.R. PROCEDURE RULES
RAPIDE ARBITRATION PROCEDURE
of article 3 paragraph 6 of the rules of arbitration of the Arbitration Chamber
(in force from
Article 3.A - PRELIMINARY
Parties may have recourse to the P.A.R. arbitration procedure where the money claim does not exceed in principal the sum of 45.000 euros or the equivalent in another currency as of the date of the arbitration claim (not including arbitration fees).
This procedure completes the Rules of Arbitration of the Arbitration Chamber of Paris, provisions of which remain applicable unless contrary to the present rules.
The time limits foreseen in the following provisions are expressed in calendar days.
Article 3.B – THE ARBITRATION CLAIM
The arbitration claim, written on a special form and in duplicate, must be handed in or sent to the Secretariat of the Arbitration Chamber of Paris and despatched simultaneously to the other party by the most expedient means of communication.
All claims must be accompanied by the payment required for administrating the PAR arbitration procedure in accordance with the provisions of article 3.G.
The arbitration claim must include :
- the names and the addresses of the parties;
- precise details of the money claim and the grounds on which the claim is based;
- the confirmation that the claim has been notified to the defendant, stating by which means of communication the notification has been carried out, together with any relevant documentary evidence.
The claim must imperatively be accompanied by documentary evidence and a copy of the agreement which has given rise to the dispute and which mentions the arbitration clause.
The Arbitration Chamber of Paris will notify to the defendant the case file submitted by the claimant and indicate the date on which the Arbitral Tribunal will hear the parties.
The claimant is equally informed as to the composition of the Arbitral Tribunal and the date of the hearing.
To be admissible, any counterclaim must be lodged within 10 days from the notification of the arbitration claim. This time limit elapsed, the Secretariat shall invite the counterclaimant to lodge his case as an initial claim under an arbitration procedure independent from the procedure already engaged.
Article 3.C - CONSTITUTION OR THE ARBITRAL TRIBUNAL
The claim shall de referred to the Arbitral Tribunal composed of a sole arbitrator appointed by the Chairman of the Arbitration Chamber of Paris.
The sole arbitrator can, in the event of a particular difficulty in the examination of the case, make representation to the Chairman of the Arbitration Chamber of Paris in order that the Arbitral Tribunal be composed of a panel of arbitrators. In this event, the Chairman of the Arbitration Chamber shall immediately invite the parties to appoint an arbitrator within a time-limit of 10 days, failing which he will proceed with an appointment on behalf of the parties.
The parties shall be duly informed of the definitive composition of the Arbitral Tribunal.
The appointment of the arbitrator may only be challenged, for a reason existing prior to his appointment, within 5 days following the notification of the aforementioned appointment. This time-limit elapsed, his appointment may be challenged only for a reason which has become apparent or has come to exist since his appointment.
Article 3.D – EXAMINATION OF THE CASE
Unless a contrary decision made by the Arbitral Tribunal, the latter will rule on the basis of the documentary evidence produced.
No document or additional piece of evidence shall be submitted by the claimant between the date of the arbitration claim and the opening of the debate.
The defendant is invited to deposit his case file at the Secretariat at the latest five days before the date of the hearing which will have been notified to him.
The documentary evidence must be submitted either in original or in copy form. In the latter case, original documents must be available for submission at the hearing on request by the Arbitral Tribunal.
At the request of both the parties, either one of the parties or automatically, the Arbitral Tribunal can invite the parties to appear on a day and time that the Arbitral Tribunal fixes.
Article 3.E - AWARD
The Arbitral Tribunal will rule definitively according to the rules of equity by an award which is notified to the parties.
Article 3.F – TIME LIMITS GOVERNING ARBITRATION PROCEEDINGS
The duration of the mandate of the Arbitral Tribunal ruling under the P.A.R. procedure is of one month from the date of the formal recording of its acceptance to sit.
The request that the sole arbitrator rule in a panel of arbitrators, provided for under article 3 C para.2, will interrupt the time limit governing the arbitration proceedings. In this particular case, a new time-limit of one month shall begin to run from the date of the formal recording of the acceptance by the Arbitral Tribunal to sit as a panel of arbitrators.
By authority of the parties, in pursuance of the provisions herein, the Chairman of the Arbitration Chamber of Paris, on his own initiative, may extend the mandate of the Arbitral Tribunal.
Article 3.G - FEES
The amount of advanced fees to be deposited by the claimant for an initial claim and/or a counterclaim is equal to the unvarying part of the level of the Arbitration Chamber of Paris’ scale of fees, in force on the date of the arbitration claim, corresponding to the amount of the litigious claim.
The aforesaid fees shall definitively and entirely become the property of the Arbitration Chamber of Paris as from the registration of the arbitration claim, whatever the outcome of the procedure might be or where the claimant withdraws for any reason whatsoever.
The Arbitral Tribunal will rule on the bearing and eventual sharing of the aforesaid fees.
Barème général / General scale
(1er février 2002 / Effective
SOMMES EN LITIGE / SUM IN DISPUTE / (les tranches ne s'additionnent pas)
(To calculate the costs of arbitration, the amounts calculated for each successive portion of the sum in dispute must not be added together)
FRAIS D'ARBITRAGE / ARBITRATION COSTS
(incluant honoraires TTC de 3 arbitres et frais administratifs) / (including arbitrators' fees with V.A.T. plus administrative expenses)
entre / Up to 0,000 € et/To 15.000 €
1 184,08 €
entre / From 15.001€ et/To 30.000 €
2 776,40 €
entre / From 30.001 € et/To 50.000 €
4 452,80 €
entre / From 50.001 € et/To 70.000 €
6 094,82 €
entre / From 70.001 € et/To 100.000 €
8 468,00 €
entre / From 100.001 € et/To 150.000 €
10 448,00 €
entre / From 150.001 € et/To 1.500.000 €
12.242 € + 2,5 % des sommes supérieures à 150.001 €
Au dessus de/ over 1.500.001 €
La provision est fixée par le Président de la Chambre Arbitrale
(*) A l'exclusion de barèmes spécifiques à certains secteurs d'activité / Not applicable to economic sectors where specific scales are applied
Barème CAP applicable aux litiges de négoce ou de transformation de matières premières / CAP scale applicable to business or raw material transformation dispute
(1er février 2002/ Effective 1st Febuary 2002 )
Le barème des provisions d'arbitrage se compose d'une partie fixe à laquelle s'ajoute un pourcentage de la somme en litige / The advance on costs includes a fixed part plus a percentage of the sum in dispute and is calculated in accordance with the scale of arbitration costs hereinafter set out.
PARTIE FIXE / FIXED PART
POURCENTAGE SUR LA SOMME EN LITIGE / PERCENTAGE OF THE SUM IN DISPUTE
entre/ Up to 0,000 €
et / To 15.000 €
entre/ Up to 15.001 €
et / To 30.000 €
entre/ Up to 30.001 €
et / To 45.000 €
entre/ Up to 45.001 €
et / To 60.000 €
entre/ Up to 60.001 €
et / To 75.000 €
entre/ Up to 75.001 €
et / To 100.000 €
entre/ Up to 100.001 €
et / To 150.000 €
entre/ Up to 150.001 €
et / To 450.000 €
entre/ Up to 450.001 €
et / To 750.000 €
entre/ Up to 750.001 €
et / To 1.500.000 €
Au dessus de/over 1.500.001 €
Frais dégressifs (à demander au secrétariat)
Decreased costs in proportion (Consult Chamber for amounts)
Nota: si le montant en euros des sommes en litige se situe entre deux tranches du barème, la provision est calculée sur la tranche la plus basse / If the amount in euros falls between two brackets of the scale, the provision is calculated on the lower bracket