Referring a case to the tribunal

The TAO's jurisdiction rests on the consent of the parties. It most often results from an arbitration clause inserted in a contract, but it can also arise from a submission agreement signed after the dispute arose. Appeals against an OIMAP certification decision are, moreover, submitted to it by the certification rules.

The tribunal may rule only on rights that the parties are free to dispose of. Criminal, tax or personal-status questions are outside its remit, as are acts of public authority.

The request states the identity of the parties, the arbitration agreement relied on, the nature of the dispute, the quantified claims, the number of arbitrators wanted, and the language and seat of the proceedings. It is accompanied by the contract, relevant correspondence and a one-page summary of the facts.

The claimant also nominates an arbitrator where the agreement provides for three arbitrators. Documents are filed in digital form in a single file, with an index.

The Registry acknowledges receipt, checks admissibility, notifies the request to the respondent and sets the timetable. If a document is missing, it invites the claimant to supply it within ten days. Once the request is registered, the registration fee is no longer refundable.

The respondent has thirty days to answer and may bring a counterclaim. The parties are encouraged to consider mediation in parallel, without this suspending the procedure unless agreed.

Where an immediate risk threatens property — imminent sale, removal, destruction — a party may ask the tribunal for protective measures even before the panel is constituted. An emergency arbitrator is appointed within 48 hours and rules within five days.

These measures are limited to what is necessary to preserve the parties' rights. They may be confirmed, modified or lifted by the arbitral tribunal once constituted.