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La CAREN ouvre une antenne à Gand (Aout 2014)

Le 27 aout 2014, la CAREN a implanté à Gent une ...

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Choice of an arbitration

The decision that a dispute shall be settled by the CAREN can result from:

Before or after the outbreak of the conflict

- Before: a clause included in General Conditions of Sales (or Purchase) or in a specific contract "Arbitration clause/compromisory clause".

Clauses, document PDF à télécharger (18,8Ko)

 

- After: An agreement in writing called "compromise"

 

ARBITRATION COMPROMISE

A compromise is an agreement entered into by parties after a dispute has arisen, to submit the dispute to arbitration.

case-law: “As soon as an arbitration clause exists, the conclusion of a compromise is useless and cannot prevent a party to modify its demands” (Civil Chamber of the Court of Cassation, April 8th 1999).

Referring to the CAREN

By a request (in writing) for arbitration .

Letter of referral, example – PDF document, download (68,5Ko)

 

Example of request for arbitration

See an example of the Letter of referral

Normal procedure

Réf. MSB C/LESAGE

To the Secretary
CAREN

 

Dear Sir,

 

Please take notice that this company, ROBERTS OF ORMSKIRK LTD, whose registered office is at Altys Lane Ormskirk Lancs. (GB) wishes to have a dispute resolved by Arbitration under the CAREN rules.

The dispute is with CAMPHIN TEXTILE Sarl of Rue Nationale 59133 CAMPHIN (F).

You will find herewith :

copy of the agreement to submit to arbitration,

a summary of the matters in issue,

our list of documents and copies thereof,

a summary of our demands.

As the agreement to arbitrate allows us to nominate one of/the sole arbitrator(s) we wish to appoint the President of the Lancashire Law Society or his nominee.

or

Please would you let us have sight of the approved list of CAREN arbitrators.

or

We request CAREN to appoint an arbitrator(s) with the necessary experience from its approved list.

 

Yours faithfully

 

Simplified arbitration

 

Nota: this procedure is only applicable to the recovery of claims (sum of money) that are certain, of a fixed amount and due, and of an amount below (currently) €20,000.

 

The forms are to be asked from the Secretariat (letter, phone, fax, or email).

 

Choice of an arbitral jurisdiction

The parties are invited to give their submission as to the number of arbitrators : 1 or 3 depending the difficulties of a case, the importance or amount of interests at stake, etc ...

When the arbitration should be by three arbitrators, each party may:

  • either choose a "registered arbitrator" (inscribed on a list established by the Arbitration Committee of the CAREN
  • either present a person for approval by the Arbitration Committee

- Registered arbitrators: Figures mentioned in a list established by the CAREN Arbitration Committee bearing their:

  • Professional qualification,
  • Field of competence
  • Spoken or understood languages

                         The parties may get this list from the secretariat.

- Authorized arbitrators: Persons chosen (outside of the above list) by the parties on the occasion of a specific dispute, and whose appointment is subjected to the prior approval of the CAREN Arbitration Committee, which makes a decisions based on three criteria:

  • The legal or technical competence of this person,
  • His independence towards the parties to the dispute,
  • His accord to respect the conditions of the CAREN Arbitration Rules (including the scale).

 

 

The French Arbitration Law

The texts of French law governing arbitration can be consulted on the website of LE COMITE FRANCAIS DE L'ARBITRAGE.

 www.arbitrage-fr.org.