Arbitration may be entered into voluntarily by the parties after a dispute has arisen or as a consequence of an arbitration clause contained in a contract. In each case the parties have entered into an agreement to resort to the arbitration process and be bound by the Tribunal’s decision.

ARBITRATION CLAUSES

The object of the arbitration clause is to resolve an eventual and future dispute between parties who agree to resort to arbitrators to settle all disputes arising from or in connection with the contract.

In French law, an arbitration clause is permitted in contracts concluded by businessmen but is prohibited in contract concluded between individuals and a company or a businessman.

ARBITRATION AGREEMENTS

The finality of an arbitration agreement is to submit to arbitration disputes already in existence. Such an agreement must contain three criteria : a summary of the main facts in the dispute, the names of the arbitrators and the will to have the dispute settle by arbitration.

A list recapitulating standard arbitration clauses and agreements, settled in consideration of the nature of the contract or dispute, follows hereafter :