EXTERNAL PROCEEDINGS

At the Arbitration Chamber of Paris, we designate as “external proceedings”, the arbitration proceedings managed outside any arbitration centre or institutional organisation, which are usually known as “ad hoc” arbitrations.

In these proceedings the two arbitrators nominated by parties usually appoint the third arbitrator. The “ad hoc” arbitrations present a major disadvantage : “the ceasing of the Arbitration Tribunal in case of disagreement with the nomination of an arbitrator” (Philippe Fouchard, Emmanuel Gaillard & Berthold Goldmann, Traité de l’Arbitrage Commercial International, Litec 1996, 201).

  ·  To remedy this disadvantage, the United Nations Commission for International Trade Law (UNCITRAL) created optional arbitration Rules to be used in ad hoc arbitration with a mechanism of nomination of the arbitrators with, in case of clamping, the intervention of an appointment authority to be chosen by parties or, failing which, by the Secretary General of the Permanent Court of Arbitration at the Hague.

In any case, when parties agree on such an intervention, any institutional centre as the Arbitration Chamber of Paris may administer the UNCITRAL Rules .

  ·  The Arbitration Chamber of Paris provides to ad hoc arbitration, when requested, its services and its experience with dispute resolution process.

In such cases the Arbitration Chamber does not organize the arbitration proceedings but gives to the arbitrators the assistance previously agreed upon with them.