Arbitration procedure

The procedure runs in five phases: introduction (request and answer), constitution of the tribunal, written proceedings (briefs and documents), the hearing, then deliberation and award. Each is framed by a timetable that the tribunal sets at the first meeting.

This timetable may be adjusted if circumstances justify it, but the tribunal ensures that such changes remain exceptional.

The parties present their claims and their evidence. The arbitrators direct the procedure, question the parties and make the award. The Registry notifies documents, keeps the timetable and holds the file. Experts, appointed by the parties or the tribunal, shed light on technical questions.

The tribunal may order the production of documents, hear witnesses and call on independent experts. It ensures that the burden of proof is fairly shared.

The parties choose the law applicable to the merits, including non-State law such as the UNIDROIT principles. Failing that, the tribunal applies the law designated by the conflict rules it considers appropriate. It takes account of art-trade customs.

The language of the proceedings is that of the arbitration agreement or, failing that, chosen by the tribunal. Documents in another language are translated at least in summary.

At any time, a party may request interim measures: keeping a work on deposit, a ban on sale, preservation of evidence. The tribunal rules quickly and may make the measure subject to security.

The whole procedure is confidential. The parties, their counsel, the arbitrators and the experts are barred from disclosing the existence and content of the case, except where legally required or agreed by all parties.