Fast Arbitre arbitration rules
ARTICLE 1. DEFINITIONS
« Arbitrator » : any physical person nominated by the Center to resolve a Dispute in accordance with the present Arbitration Rules.
« Center » : Digital Institute of Arbitration and Mediation (Institut digital d’arbitrage et de médiation) acting as the administrator of the arbitration under article 1450 of the French Code of Civil Procedure.
« Defendant » : Party disputing the case brought by the Claimant.
« Claimant » : Party having first brought its case to the Platform.
« Request for arbitration » : request sent to the Center by means of the Platform by a Party or its legal representative so as to resolve the Dispute in accordance with the present Arbitration Rules.
« Jurisdiction » : legal field within which the Center organizes the resolution of the Dispute.
« Dispute » : dispute between the Parties brought to arbitration before the Center.
« Party » : Claimant or Defendant.
« Platform » : virtual space of Dispute resolution made available to Users by the Center and accessible at www.fast-arbitre.com, and sub-sites, mirror sites, portals and related URL variations.
« Arbitration rules » : present arbitration agreement setting out the applicable rules for the resolution of the Dispute.
« Award » : decision rendered by the Arbitrator so as to resolve the Dispute.
« Costs » : contractual provisions determining the amount of costs and fees for the resolution of the Dispute via the Platform.
« User » : any person logging in to the Platform for the resolution of a Dispute.
6. ARBITRAL PROCEEDINGS
10. TIME LIMITS
12. IDENTIFICATION, NOTIFICATIONS AND COMMUNICATIONS
ARTICLE 2. SCOPE OF APPLICATION
2.1. Adhesion to the Arbitration Rules
The Arbitration Rules and its Costs are applicable to all the Users.
The Parties agree to the Rules and its Costs when they submit their Dispute to the Center or the Rules, in writing by way of an arbitration clause or an arbitration agreement. Agreeing to the Rules implies that the Parties are capable of doing so, capacity that they declare being in possession of relatively to the object of the Dispute.
The Arbitrators, by accepting their mission, agree to the Rules and its Costs.
2.2. Agreement to Submit to the Rules
Party’s agreement to submit to the Rules will be confirmed by ticking the box corresponding to the following sentence : “I recognize having read and accepting the general conditions of service, the arbitration rules and the applicable costs“. The Users also recognize having taken full knowledge of the aforementionned and accepting them without restriction..
Ticking the aforementionned box shall be deemed to have the same force as the Users’ handwritten signature, Users recognize the legal value of the Platform’s records and waive their right to challenge them in the event of a dispute.
The User’s agreement to submit the Dispute to the Rules will be reiterated by his entering the confidential codes on the Platform sent to him by the Center by registered letter with acknowledgement of receipt so as to participate in the arbitral proceedings.
The Arbitration Rules applicable to the Dispute are those published on the Website on the day of the Request for Arbitration.
2.3. Consequences of the Agreement to Submit the Dispute to the Rules
Agreement to submit the Dispute to the Rules implies agreeing to submit the Dispute to the technical proceedings entailed by the use of the Platform and acceptance of the pricing conditions contained by the Costs.
The present Rules and their Costs are applicable to the resolution of the Dispute, excluding any other provisions, except if the Parties have agreed to it expressly in writing.
Agreeing to the present Rules and/or the voluntary participation to the arbitral proceedings on the Platform cover any possible invalidity of the arbitration clause convened upon by the Parties on a matter where arbitration is not authorized.
ARTICLE 3. CASE ESTABLISHMENT
3.1. Constitution of the File by the Claimant
3.1.1. Claimant’s Filing of Claims
The Claimant logs in and formulates his claims in accordance with the technical configuration of the Platform on the day of his declaration.
3.1.2. Validation of the File by the Claimant
The Claimant is then asked to validate his file. His declarations are then not modifiable till the arbitral proceedings. A notification is then sent to the Defendant by email so that he may take note of the claims made by the Claimant and challenge them.
3.2. Constitution du dossier par le Défendeur
3.2.1. Challenge of the Claimant’s Claims
The Defendant challenges the Claimant’s claims in accordance with the technical configuration of the Platform on the day of his declaration.
3.2.2. Validation of the File of the Defendant
The Defendant is then asked to validate his file. His declarations are then not modifiable till the arbitral proceedings. A notification is then sent to the Claimant by email so that he may take note of the challenges made by the Defendant.
ARTICLE 4. SEIZING THE ARBITRAL TRIBUNAL
4.1. Request for Arbitration
After the Defendant has validated his file, each Party can file a Request for Arbitration via the Platform.
In the event of an arbitration clause designating expressly the Center or the Arbitration Rules, the Request for Arbitration is filed by one of the Parties. Therefore, upon reception of the Request made by one of the Parties regarding the Dispute, the Center is immediatly seized.
In the absence of an arbitration clause expressly designating the Center or the Arbitration Rules, the Request for Arbitration is filed jointly by both Parties. In this event, to seize the Center, one Party has to submit the Dispute to the Center and the other Party has to agree to the submission of the Dispute.
4.2. Debit Authorization of the Arbitration Fees and Costs
As soon as the Center is seized, it asks both Parties to provide a debit authorization on their credit card or bank account for half of the fees and costs of the arbitration.
If one of the Parties does not provide the debit authorization, the other Party may choose to allow the Center to debit on his credit card or bank account all of the arbitration fees and costs.
4.3. Confirmation of the Request for Arbitration by the Center
The Center determines freely if the Dispute, as defined by the Request for Arbitration, falls under its Jurisdiction. It accepts or refuses the Request for Arbitration by an unreasonned decision that cannot ne appealed. In the event of a refusal of the Request for Arbitration by the Center, it will inform the Parties who will then be free to bring their Dispute before another arbitration center or a state court.
4.3.2. Debit of the Arbitration Costs and Fees
Where necessary, with regard to the nature and the complexity of the case submitted by the Parties, the Center will inform them that the resolution of the Dispute will require the payment of additional costs and fees compared to those mentionned in Costs. The Center will then ask each Party to pay half of the costs and fees of the arbitration. If one of the Parties does not proceed to the payment, the other Party may choose to pay all of the arbitration fees and costs.
4.3.3. Notification of the Parties of the Constitution of the Arbitral Tribunal
When all the costs and fees have been payed to the Center, it will inform the Parties of the constitution of the arbitral tribunal by registered letter with acknowledgement of receipt. This notification will contain access codes allowing the Parties to login onto the Platform so as to participate in the arbitral proceedings.
4.3.4. Reimbursement of the Sums Payed
Should the costs and fees have not been paid in their entirety to the Center within a month starting from the Request for Arbitration, the latter will be deemend null and void and the sums possibly paid by the Parties will be reimbursed.
ARTICLE 5. CONSTITUTION OF THE ARBITRAL TRIBUNAL
5.1. Appointement of the Arbitrator by the Center
The arbitral tribunal is composed of a sole Arbitrator appointed by the Center as soon as the fees and costs of the arbitration have been paid in their entirety.
5.2. Arbitrator’s Acceptance of the Mission
As soon as he is appointed the Arbitrator must accept or refuse the mission he is entrusted with by the Center.
If the Arbitrator accepts his mission, he commits to fulfilling it to its end. The Arbitrator’s acceptance of his mission must contain a declaration that indicates the possible circumstances that would be of such a nature that they would affect his independence and/or his impartiality. If such circumstances are revealed by the Arbitrator, he will then be confirmed or dismissed by a decision taken by the Center after having heard the Parties on this issue.
If the Arbitrator refuses his mission or is dismissed, the Center will immediately appoint a new Arbitrator.
The arbitral tribunal is constituted as soon as the Arbitrator accepts his mission.
The Center immediately informs the Parties of the Arbitrator’s acceptance of his mission.
ARTICLE 6. ARBITRAL PROCEEDINGS
6.1. General Rules of Procedure
The Arbitrator is to organize the arbitral proceedings via the Platform in application with the present Rules and the technical procedures of the Platform, in the way he deems appropriate, depending on the nature of the case and taking into account the dispositions possibly set out by the Parties. The Arbitrator commits to upholding, in his management of the proceedings, the leading principles for the conduct of proceedings as set out by articles 4 to 10, 11 paragraph 1, 12 paragraphs 2 and 3, 13 to 21, 23 and 23-1 of the French Code of Civil Procedure.
The Arbitrator will resort to procedural orders to solve any procedural issues or incidents, and to decide upon any request for joinder or consolidation. These procedural orders cannot be appealed.
All the documents and comments exchanged via the Platform may be accessed by the Parties and the Arbitrator. All of them have the possibility to comment these documents via the Platform oraly or in writing.
If the Parties have reached a settlement after the file has been transmitted to the arbitral tribunal they may ask the tribunal to record their settlement in the form of an Award by consent of the Parties.
The Party who knowingly and without a legitimate cause, does not invoque in due course an irregularity before the arbitral tribunal, shall be deemed to have waived its right to invoque it.
6.2. Unfolding of the Main Proceedings
Unless the Center has fixed a procedural timetable derogating with the provisions hereafter, the main proceedings will unfold as follows:
6.2.1. Establishing the Facts of the Case
Starting from the constitution of the arbitral tribunal, the Arbitrator has 14 (fourteen) days to request from the Parties all that he requires to ready the case so that he may decide upon it. Each Party must answer within the delay set out.
The Parties then have 7 (seven) days to complete their file, supporting freely their respective claims and challenges made during the constitution of their file.
6.2.2. Draft Award
The Arbitrator then has 7 (seven) days to render a draft Award in light of the case made by each Party.
The Parties then have 7 (seven) days starting from the date of the draft Award’s upload by the Arbitrator to further support their respective claims and challenges.
If the Parties fail to react within the timeframe allotted, the draft Award will be considered as final.
If the Parties have reacted, the Arbitrator has 7 (seven) days after the end of the time allotted to the Parties to react to decide upon the case in light of the most recent claims and challenges made by the Parties.
6.3. Incidental Proceedings
6.3.1. General Rules
The Parties or the Arbitrator can initiate the following incidental proceedings.
If the incidental proceedings are initiated by a Party, they unfold in the same manner as the main proceedings.
If the incidental proceedings are initiated by the Arbitrator, he immediately takes a draft procedural order.
6.3.2. Challenge of the Arbitral Tribunal’s Jurisdiction
The Arbitrator will decide upon potential challenges regarding the inexistence, invalidity or inapplicability of the arbitration agreement.
To be admissible, challenges of the tribunal’s jurisdiction must be made before presenting any defence on the merits or plea of non-admissibility.
6.3.3. Suspension and abatement of Proceedings
184.108.40.206. General Rules
An abatement or stay of the proceedings shall not put an end to the arbitral tribunal’s mandate.
The arbitral tribunal may ask the Parties to report any steps taken towards resuming the proceedings or putting an end to the cause of the abatement or stay. In the event that the Parties fail to act, the tribunal may terminate the proceedings.
Proceedings resume their course at the stage that they were before the abatement or stay when the cause for this abatement or stay has ceased to exist.
220.127.116.11. Decision Deferring
The arbitral tribunal may, if need be, defer its decision. This will suspend the course of the proceedings for the time or till the occurrence of the event it refers to.
The period of time for the arbitration starts to run again when the arbitral tribunal is informed of the occurrence of the said event by the most diligent Party.
The arbitral tribunal may, in light of the circumstances, revoque its decision to defer or shorten the time limit allotted.
18.104.22.168. Death, Impediment, Abstention, Resignation, Challenge, Removal
In the event of the death, impediment, abstention, resignation, challenge or removal of the Arbitrator, proceedings are stayed till the Arbitrator nominated as a replacement accepts his mission.
This new Arbitrator is nominated by the Center. However, if a difficulty arises, the Center may seize the competent judicial authority by way of a petition so that he may proceed to replacing the Arbitrator by an order against which no recourse is available.
6.3.4. Conservatory and Interim Measures
The arbitral tribunal may order upon the Parties any conservatory or provisional measures that it deems appropriate, set conditions for such measures and, if necessary, attach penalties to such order. However, only courts may order conservatory attachments and judicial security.
The arbitral tribunal has the power to amend or add to any provisional or conservatory measure that it has granted.
6.3.5. Investigative Measures
22.214.171.124. General Rules
The Arbitrator need not apply the provisions of the French Code of civil procedure on investigative measures.
The Arbitrator may, in particular, order any investigative measure at the request of a Party or ex officio, without first informing the Parties, provided that the facts on which his final decision is based may have been debatted upon on the Platform before a final decision is taken.
126.96.36.199. Findings of Fact
The Arbitrator may take any steps concerning findings of fact, in particular on the Internet.
The Arbitrator may hear the Parties by means of a communication process allowing for an adversarial debate. He determines the issues under discussion, as well as the time allotted to the Parties to respond to them.
The Arbitrator may hear witnesses, experts or any other person whose hearing is requested by a Party or decided by him.
188.8.131.52. Claim of Forgery and Verification of Handwriting
The copies of the exhibits produced by a Party are deemed to be sincere, unless the other Party initiates an incidental claim of forgery or verification of handwriting.
The Arbitrator shall have the power to decide upon the incidental claims of forgery or verifications of handwriting. He may order any measure that may verify the sincerity of the contested exhibit.
184.108.40.206. Expert Reports
If he considers it necessary, the Arbitrator may appoint one or more experts.
The final expert report will be drawn up as follows:
- The procedural order nominating the expert precisely determines his mission and the time allotted to complete his mission.
- The expert must produce a draft expert report within the time allotted by the Arbitrator.
- The Parties have 7 (seven) clear days to make any comment on the draft expert report.
- In the absence of any objection within this period, the draft shall constitute the final expert report. If not, the expert may amend his report in light of the comments submitted by the Parties.
Any difficulty in the unfolding of the expert’s mission, not settled by the expert and the Parties, shall be referred to the Arbitrator.
220.127.116.11. Production and Communication of Exhibits
If a Party possesses evidence relevant to the outcome of the Dispute, the arbitral tribunal may notify the Party through the Platform for the disclosure or production of such evidence. In the event of an inaction by the Party, the Arbitrator may order the communication or production, by means of a reasoned procedural order, in accordance with the procedures he determines and, if necessary, attach penalties to such order.
When a Party or the Arbitrator wishes that an investigative measure be taken against a third party, the procedure set out by the present article shall be followed.
- If the contemplated investigative measure requires that the third party be called to the proceedings regarding the investigative measure, the procedure provided for at article 1469 of the French Code of Civil Procedure shall be followed.
- If the investigative measure does not require that the thrid party be called to the proceedings regarding the investigative measure, the procedure shall be as follows:
- The Arbitrator initiates a debate via the Platform, in order to gather each Party’s arguments in fact and in law regarding the measure of instruction contemplated.
- The Arbitrator shall forward these arguments to the lawyer of his choice, whom the parties mandate for the purpose of filing a joint petition on their behalf before the president of the competent court hearing the application for interim measures.
- The judge hearing the case shall rule on the merits of the request of investigative measures in light of the factual and legal arguments of each Party set out in their joint petition. The Parties agree to bind the judge deciding upon his jurisdiction to hear the request for investigative measures and the admissibility of the request for the production of an exhibit in accordance with article 57-1 of the French Code of Civil Procedure.
- The parties hereafter waive any right to appeal against the decision to intervene ordering or refusing the contemplated investigative measure.
6.4. Challenge of Arbitrator
The Party who intends to challenge an Arbitrator shall immediately and within seven (7) days of the occurrence of the cause for the challenge or of its disclosure, send a reasoned request to the Center. After establishing the facts in an adversarial manner, the Center decides on this request by a decision which is not justified and non-appealable.
The arbitral proceedings shall be stayed during the challenge proceedings.
Once the Award has been submitted to the Center, the challenge of the Arbitrator is not admissible.
ARTICLE 7. ARBITRAL AWARD
7.1. Contents of the Award
The Award settles the Dispute submitted by the Parties to the Arbitrator via the Platform. The Awards must be reasoned and succinctly set forth the Parties’ respective claims and arguments.
The Arbitrator liquidates in the Award the costs and fees of incidental proceedings. Where appropriate, the Center shall ask the Parties to settle the amount of such additional costs and fees.
The Arbitrator may condemn one of the Parties to reimburse the other Party, in whole or in part, the arbitration costs and fees.
Furthermore, the Arbitrator may condemn one of the Parties to pay to the other Party the sum he determines in respect of the expenses incurred by this last and not included in the costs and fees of the arbitration.
7.2. Original Award in Electronic Format
The Award is established by the Arbitrator in electronic format. It is dated and signed electronically by the Arbitrator. It is submitted by the Arbitrator to the Center and saved by the Center. The Center shall notify to the Parties the Award, signed electronically by the Arbitrator.
7.3. Execution of the Award
Provisional execution shall be attached to the Award unless the Arbitrator has provided otherwise.
By agreeing to submit their Dispute to arbitration by the Center, the Parties commit to enforce the Award upon notification and waive any right to recourse to which they may validly waive, with the exception of an action to set aside.
At the request of a Party, the Center may mandate a lawyer, in the name and on behalf of this Party, to apply for exequatur and to entrust a bailiff with the enforcement of the Award.
ARTICLE 8. RECTIFICATIONS, FAILURE TO RULE AND INTERPRETATION
The arbitral tribunal may, at the request of one of the Parties, rectify clerical errors which would affect the Award.
At the request of one of the Parties, the arbitral tribunal may supplement its Award if it has failed to rule on a claim it was mandated to decide upon or if he is required to interpret the Award.
Requests for corrections of clerical errors and due to failures to rule or for the interpretation of the Award shall be sent by registered letter with acknowledgment of receipt to the Center, which shall refer the matter to the arbitral tribunal. The requests shall, however, be admissible only if the arbitral tribunal can be constituted again and if they are made less than three (3) months after the Award has been notified.
If the arbitral tribunal cannot be constituted, this power shall vest in the court that has jurisdiction.
The arbitral tribunal shall render its decision as soon as possible by reasoned decision.
ARTICLE 9. ASSISTANCE AND REPRESENTATION OF THE PARTIES
Each Party may be assisted by a lawyer.
Each Party may be represented during the arbitral proceedings by a lawyer mandated specifically to that effect.
ARTICLE 10. TIME LIMITS
The Award is rendered by the Arbitrator as soon as possible depending on the characteristics of the Dispute. In any case, the Award must be rendered within a maximum period of six months starting from the constitution of the arbitral tribunal. This period may be extended by the Center.
Each Party and the Arbitrator shall have the right at any time to submit to the Center a reasoned request for the extension or reduction of the procedural time-limits. The Center accepts or rejects this request by a non-reasonned and non-appealable decision.
ARTICLE 11. CONFIDENTIALITY
The arbitration and exchanges of information via the Platform are confidential. The obligation of confidentiality weighs on any User, each guaranteeing, if necessary, the observation of this obligation by its personnel and its representatives.
The obligation of confidentiality does not preclude the production of information exchanged on the Platform before the state courts. Nor does it hinder the rereading of the Award by a committee of the Center for the harmonization of Awards. Members of this committee are bound by confidentiality.
The Award may be published after it has been anonymized.
ARTICLE 12. IDENTIFICATION, NOTIFICATIONS AND COMMUNICATIONS
Each Party shall provide any identification document requested by the Center or the Arbitrator.
12.2. Notifications and communications
Unless otherwise provided by the Rules, notifications and communications between Users shall be made through the Platform, with each event occurring on the Platform being notified to the Parties and the Arbitrator by e-mail.
Where the Rules impose a notification by registered letter, it shall be sent to the address appearing on the public register Infogreffe and corresponding to the Siret number of the addressee on the date of the notification.
ARTICLE 13. FINAL PROVISIONS
13.1. Place of Arbitration
The place of Arbitration is that of the Center’s corporate office.
13.2. Law Applicable to the Arbitration
The arbitration’s rules of procedure are subject to French law.
13.3. Language of the Arbitration
The language of the Arbitration is English.
13.4. Interpretation of the Arbitration Rules
Any interpretation of the present Arbitration Rules is of the Center’s responsibility.