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THE CHAMBRE |
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ARBITRATION |
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CONCILIATION-MEDIATION |
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DOCUMENTATION |
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ADMINISTRATION AND OPERATING |
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| APPLICABLE LAW |
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French arbitrators are largely free from the rules established for French judicial Courts. They may rule according to the law that has been chosen by the parties (thus French arbitrators can be requested to apply English law if such is the wish of the parties).
They should refer to the practices of international maritime trade, i.e. "lex mercatoria". This is one of the major differences with the other important arbitration centres. French law encourages this approach (Article 1496 of the Code de Procédure Civile states that "the arbitrator should always take into account the customs of the trade"), which permits a more flexible justice for the parties where equity is not excluded.
As for the procedure, the law of the place of arbitration is to apply, i.e. the French law. |
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