X hits on this document

133 views

0 shares

0 downloads

0 comments

29 / 36

As the case proceeds, each arbitrator will no doubt begin to form

his or her own view as to how the various issues that have arisen ought to

be determined; but this should not be a solitary process. The tribunal

consists of three arbitrators. There must obviously be some exchange of

views, some dialogue between them, if they are to try to arrive at a

unanimous decision. In this situation, no man – or woman – is an island.

It would seem to be a matter of plain commonsense that there has to be an

interchange of views between the arbitrators, however it takes place, until

  • like a jigsaw puzzle – the pieces of the award are put together.

In French law, such an interchange of views is formalised as a

“deliberation”. The Civil Code which governs French internal (or

domestic) arbitrations requires the arbitrators to fix the date at which their

deliberations will start (la mise en délibéré). After that, no further

submissions by the parties are allowed. Under French law too – as in

other civil law countries – the deliberations of the arbitrators are “secret”.

The emphasis is significant – the deliberations are not merely

confidential, but “secret”.

For Professor Bredin, the distinguished French Academician and

author, the rule that there must be a “deliberation” before there is any

  • -

    29-

X:\DAR\DANGEROUS DISSENTS

Document info
Document views133
Page views133
Page last viewedTue Jan 24 15:59:44 UTC 2017
Pages36
Paragraphs848
Words7635

Comments