Stages of arbitration

The request opens the case; the respondent's answer, within thirty days, states its defences and any counterclaims. These two acts fix the framework of the dispute: later new claims require the tribunal's authorisation.

The Registry ensures that each party receives the other's act within two days. It also informs of the possibility of mediation, without suspending the procedure.

The parties appoint the arbitrators within thirty days. Failing that, the tribunal's council appoints them. The arbitrators declare their links, and the parties may object within fifteen days. Once the tribunal is constituted, it convenes a first meeting, generally by videoconference.

This meeting sets the timetable, the language, the seat, the applicable law, the rules of evidence and the hearing date. A procedural order records these decisions and is binding.

The claimant files its brief, the respondent answers, then each may file a reply. Documents and written witness statements are attached. The hearing allows pleading and questioning. After the close of the debates, the tribunal deliberates and makes its award within sixty days.

The award is reasoned, signed and notified to the parties by the Registry. It has the force of res judicata from the moment it is made. Correction of a clerical error may be requested within thirty days.

The award is final. It may be challenged only by an action for annulment before the judge of the seat of arbitration, on limited grounds: lack of jurisdiction, breach of public policy, infringement of the rights of the defence. This action does not suspend enforcement unless otherwise decided.

Most awards are complied with voluntarily. In other cases, exequatur makes it possible to have them enforced, notably thanks to the New York Convention.