Memoire sur abus de droit

679 mots 3 pages
DEFINITION:

International arbitration is a jurisdictional mode which consists to settle a dispute. The dispute is maked by arbitrators; the arbitrators are private’s persons.
The arbitrator has got the power to judge witch result of the contract. This decision is called arbitration judgment.
The arbitration is an alternative mode of regulations of the disputes. There is not all right between the parties, the arbitrator returns the decision.

The arbitration is used for several reasons:
The arbitration is flexible justice because the parties define the rule of the arbitration and choose the arbitrators.
This justice is quick, the parties decide the deadline in order to the arbitrators enter the award.
The parties can choose the arbitrators. So they feel safe with them. The arbitration is confidential since the hearings are privates. if the parties want, it may be public.
Only disadvantage in this justice is more expensive, the parties must pay the arbitrators and lawyers.
There are two agreements of arbitration: one before the dispute, with ‘arbitration clause’ clause compromissoire.
And the other, after the dispute with compromise.

We can go see in the first part the beginning of arbitration, and in the second part the progress of arbitration proceeding and finally in the third part the ending of arbitration proceeding.

I. The beginning of arbitration

The agreement of arbitration is self contained autonome of the contract and the law. Because, the arbitration clause survives the contract, this clause is separate with the contract. De plus, the clause is autonomous towards the law.
This principle of autonomous of the clause is a French rule.
So, in the arbitration there are conditions of validity of the agreement arbitration. The disputes must be normally arbitrated, it’s one of the conditions arbitrate objectively.
In French law, its necessary to know that the arbitrator has a choice to judge his jurisdiction or his competence. The

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