ADVANTAGES OF ARBITRATION

Arbitration is a flexible procedure

The parties choose arbitrators that are adapted to their dispute and agree on the proceedings in accordance with principles of public order, including the respect of adversarial proceedings.

 Arbitration saves time

Compared to litigation, arbitration shortens the average delay of dispute resolution. A predicted time period is established by the parties before the beginning of the proceedings and the arbitrators agree on the procedure, in theory without appeal, unless agreed otherwise. The setting aside of arbitral awards is limited to narrow conditions, established by law, and the enforcement of awards is made easier.

 Arbitration allows for an effective cost management

By avoiding the hazards of judicial litigation and by choosing to adapt the proceedings to their dispute, parties can limit procedural costs.

 Arbitration  offers legal certainty

In an international environment, arbitration eliminates the risk of conflicting jurisdictions. Therefore, it offers much more security than judicial litigation.

 Arbitrators are chosen by the parties

Parties are free to appoint professionals familiarized to the particularities of each dispute as arbitrators. These individuals can be specialists and experts in different judicial and technical area connected to the dispute.

RESORTING TO ARBITRATION

Resorting to arbitration comes from the parties’ choice.

The decision to result to arbitration happens at two key moments:

  • during the conclusion of the contract;
  • once the dispute has arisen.

In the first case, instead of the clause which, at the end of the contract, establishes the tribunal with jurisdiction in case of a dispute, the parties incorporate an “arbitration clause”.

This clause stipulates that any dispute resulting from the contract will be dealt with arbitration, and which procedural rules will apply.

In the second case, the parties conclude an “arbitration agreement”. The agreement is an independent contract in which the parties give jurisdiction to arbitrators in an already born dispute. It must hold three elements: a presentation of the dispute, the designation of one or more arbitrators and the will to have the dispute ruled by arbitration.

MODEL OF ARBITRATION CLAUSE

Any dispute arising in connection with this contract shall be resolved by arbitration under the aegis of the INTERNATIONAL ARBITRATION CHAMBER OF PARIS (6 avenue Pierre 1er de Serbie, 75116 Paris, tel: 01.42.36.99.65), in accordance with its Rules, which the parties declare to know and accept.

Between the undersigned: Company X… (company name and address).
Company Y… (company name and address).

Whereas:
(Summarise the facts giving rise to the dispute and in a very precise manner the subject matter of the dispute. If the parties cannot agree on a joint statement, then each party will have to present its own version of the dispute). Consequently, the parties have agreed by this arbitration agreement to submit this dispute to the Paris International Court of Arbitration which will intervene in accordance with its Rules which the parties declare to know and accept.

The arbitrators will have to resolve the following points:
(clearly specify the mission of the arbitrators)

On the application of company X…
On the application of company Y…

The parties shall designate (possibly) the following arbitrators:
For Company X: Mr. ……
For Company Y: Mr. ……

Done in triplicate
in Paris on
Signature of each party

ARBITRATION RULES

The arbitration rules provide the rules applicable to the arbitral proceedings. 

Completely revised in June 2024, the CAIP Arbitration Rules modernize and clarify the rules on plurality of contracts, joinder of additional parties, consolidation of arbitrations, expedited arbitration procedure, and double level of jurisdiction. In addition, it establishes the Commission, a body made up of arbitration specialists, and gives it powers concerning, notably, the constitution of the arbitral tribunal and the consolidation of arbitrations.

They are suitable for all types of commercial disputes, whatever the sector, and meet the needs of companies operating both domestically and internationally.

ARBITRATION RULES (EN)ARBITRATION RULES (ES)ARBITRATION RULES (FR)

AVAILABLE ARBITRAL PROCEDURES

The CAIP Arbitration Rules offer the possibility of implementing the following procedures:

LA PROCÉDURE D’URGENCE

La procédure d’urgence permet à une affaire d’être entendue immédiatement par un tribunal composé de trois arbitres, sous réserve d’accord du Président de la CAIP qui dispose à cet égard d’un pouvoir souverain d’appréciation.

Dans un délai de 3 mois, le tribunal arbitral statue sur le litige. Les arbitres peuvent statuer sur pièces à la demande des parties.

SUR DEVIS

ORDINARY PROCEDURE

The arbitral tribunal is composed, according to the parties' agreement, of  three arbitrators  or a sole arbitrator and decides, in principle, in accordance with  rules of law .

The time limit for rendering the award is six months .

Available for any dispute .

CALCULATE YOUR ARBITRATION FEES FOR AN ORDINARY PROCEDURE

EXPEDITED ARBITRATION PROCEDURE

The arbitral tribunal is composed of a sole arbitrator that decides as amiable compositeur and, in principle, solely on the basis solely of the documents submitted by the parties​. .

The time limit for rendering the award is four months .

Available for any dispute whose whose main claim does not exceed 150,000 euros .

ARBITRATORS

The CAIP makes available to the parties a list of national and international arbitrators. The parties may nonetheless appoint other persons as arbitrators.

Arbitrators may be of any nationality. If a party does not appoint an arbitrator, the Commission does it in order to avoid unnecessary delay in the proceedings. Arbitrators are chosen for their experience, their professional and their legal knowledge. All of them are renowned specialists of arbitral proceedings.

To guaranty each award’s excellence, the CAIP offers the intervention of arbitrators specialized in:

  • the legal domaine;
  • the commercial and food industry sector
  • the accounting and finance sector
  • franchising

ARBITRATORS’ INDEPENDANCE AND IMPARTIALITY

Arbitrators are independent and impartial from the moment they have accepted their nomination. They remain so until the final award is handed down or when the proceedings comes to an end. When he or she accepts the mission, the arbitrator must submit to the CAIP a declaration of acceptance, availability, impartiality and independence to the Chamber.

HOW TO INITIATE ARBITRATION?

To initiate arbitration under the aegis of CAIP, you must address to procedure@arbitrage.org a request for arbitration with the following information:


a) the full names, descriptions, postal and email addresses or other contact details of each of the parties and any person representing them;

b) a statement of the facts in dispute, the relief sought and the basis upon which the claims are made;

c) the amount of each of those claims or, as far as possible, a quantified estimate thereof;

d) a copy of all arbitration agreements on the basis of which the request for arbitration is submitted;

e) the choice of procedure to be implemented;

f) if necessary, any observations on the constitution of the arbitral tribunal, the applicable rules of law, the place and language of the arbitration;

g) all relevant supporting documents.

You must also address your request for arbitration to the opposing party, by any means with acknowledgement of receipt.

Upon reception of your request for arbitration, the CAIP will invite you to pay the opening fee and to advance the arbitration fees.

SPECIFIC ARBITRATION RULES

Through a diversity of active partnerships with associations, syndicates and professional federations, the CAIP orchestrates the creation of specific rules of arbitration adapted to the particular practices and customs of several industries.

The CAIP also implements:

  • International arbitrations, governed by the rules of the United Nation Commission on International Trade (UNCITRAL)
  • Ad hoc arbitrations, for which it provides its services and experience to arbitrators who are exercising their mission through a non-institutional form.

CAIFL Arbitration Rules

The International Arbitration Chamber of Paris for Fruits and Vegetables (CAIFL) was created in 1967 by the European Union of Wholesale.

CAIFL Arbitration Rules

CAIFL Scale of Arbitration Fees (Three arbitrators)

CAIFL Scale of Arbitration Fees (Expedited)

CAIFL Scale of Arbitration Fees (Sole arbitrator)

FFF Arbitration Rules

Drafted in partnership with the French Franchise Federation (F.F.F.), these Rules of Arbitration are specific to the franchise sector.

FFF Arbitration Rules

FFF Scale of Arbitration Fees

ACPI Arbitration Rules

Created in collaboration with the Association of Intellectual Property Attorneys (ACPI), these Rules of Arbitration are applicable to all disputes related to intellectual property.

ACPI Arbitration Rules

ACPI Scale of Arbitration Fees

ACAREF Arbitration Rules

Developed particularly for financial disputes, these Rules of Arbitration where drafted in 1998, with the Regional Association of Conciliation, Mediation and Arbitration of Ile-de-France Accountants (ACAREF).

ACAREF Arbitration Rules

ACAREF Scale of Arbitration Fees