Dissertations / Theses on the topic 'Contrôle de la sentence arbitrale'
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Kim, Doowon. "Etude comparée du régime de la sentence arbitrale en droit coréen et en droit français." Thesis, Paris 2, 2021. http://www.theses.fr/2021PA020092.
An in-depth comparative study of arbitration between Korean and French law has never been considered in France. From the Korean comparative point of view, French arbitration law is of particular interest for the next possible directions of Korean arbitration law. For this reason, since the 1999 reform, even after the 2016 revision, Korean jurists have been paying attention to foreign arbitration regulations, especially with regard to the international influence of the French arbitration system. Therefore, it seems relevant to present the evolution of the two arbitration laws by focusing on several reforms that provide solutions to the problems raised by the application of the previous rules. Thus, the question is whether the current Korean legislation is sufficient to meet the requirements of the international community and to promote the Korean commercial arbitration system internationally. If not, should French law be used as an inspiration to define new directions for arbitration practices and laws ? In this respect, it seems interesting to compare in particular the regime of the arbitral award in Korean law and in French law. This comparative analysis will therefore seek to explain the reasons of the differences in the solutions provided by these two laws, on a legislative and jurisdictional level, in order to guide the Korean doctrine and legislator and to highlight developments likely to reassure foreign parties considering arbitration in South Korea
Vodounon-Djegni, Comlan René. "L’exécution des sentences arbitrales contre les personnes publiques de l’OHADA." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0008.
The thesis focuses on " The execution of arbitral awards against public persons of OHADA ". Its purpose is to demonstrate how to implement these sentences without coming up against the immunity from execution of the persons who benefit from them. Indeed, in the absence of an arbitration exception, the prohibition of forced execution and interim measures against these persons seems to extend to the forced execution of arbitral awards against public persons of the OHADA. However, like the latter, immunity from execution also has a contractual basis ; it is a rule of public order of protection which the beneficiary can waive. Therefore, its application would only be required if its beneficiary has not waived it. However, to be valid, the waiver of immunity from execution must be express, within the meaning of customary international law, of which the United Nations Convention on Jurisdictional Immunity of States and their Property of December 2, 2004 forms part. applicable in OHADA law, for legal reasons. This condition of validity of the waiver poses the problem of the effectiveness of contracts subject to the mandatory rules of public law or arbitration agreements and regulations. So, should we consider rewriting the usual models of arbitration agreements and rules to include this condition ? This approach would guarantee the effectiveness of administrative arbitration awards, based on the binding force of contracts (pacta sunt servenda) and their performance in good faith. Also, this waiver could be reinforced by the mention of property assigned to the activity in question or to the execution of the award which will ensue unrelated to the activity which gave rise to it. In any event, immunity from execution does not preclude either the identification of the debtors of the pecuniary judgments of public persons, nor the exequatur of administrative arbitration awards, nor even the voluntary or spontaneous execution of the said sentences. T hus, despite its absolute or strict design, OHADA immunity from execution has limits with respect to administrative arbitral awards
Alain, Alex. "La distinction entre recours en annulation et exequatur en droit français de l'arbitrage international." Electronic Thesis or Diss., Paris 1, 2023. http://www.theses.fr/2023PA01D036.
Questioning the distinction between action for annulment and exequatur raises the question of the legal regime applicable to each of these mechanisms for reviewing arbitral awards. By their very nature, these mechanisms appear to be distinct given that they fall into two categories of procedures that French law does not conflate: « voies de recours » (judicial remedies) and exequatur. The application of the rules of French procedural law therefore requires, in principle, to distinguish between the action for annulment, which is a « voie de recours », and exequatur. However, if there is one notion that underlies all aspects of French international arbitration law, it is that of “autonomy”. The result is that, despite the express reference to well-known notions of French procedural law- i.e., exequatur and « voie de recours »- a special meaning appears to be ascribed to those notions under French international arbitration law. By erasing the differences which traditionally separate the « voies de recours » from exequatur, French international arbitration law seems in many respects to conflate the action for annulment and exequatur. Thus emerges the idea that arbitral awards are subject to a single review procedure. This confusion is at the origin of numerous uncertainties. To overcome this situation, the study proposes to apply the rules of French law relating to « voies de recours » and exequatur, to arbitral awards
Ghoutchini-Gharavi, Hamid. "L'efficacité internationale de l'annulation d'une sentence arbitrale." Paris 2, 2000. http://www.theses.fr/2000PA020102.
Jourdan-Marques, Jérémy. "Le contrôle étatique des sentences arbitrales internationales." Thesis, Versailles-St Quentin en Yvelines, 2014. http://www.theses.fr/2014VERS025S.
State control of international arbitral awards leads to a clear paradox, as it involves State court intervention to a procedure where the parties intended to exclude it. However, this paradox might only be a mirage. An approach based on the distinction between public interests and private interests opens up new perspectives. The review by the national judge invites him, on the one hand, to ensure the arbitrators’ compliance with the private interests of the parties, and, on the other hand, to control the compatibility of the award with public interests. Also, it seems conceivable that the interest in question could directly influence the nature of such control. At the same time, the competent judge is sometimes indirectly appointed by the parties, and sometimes determined by the place of enforcement of the award. It is therefore legitimate to give a separate, yet complementary, role to the annulment judge and to the enforcement judge. The annulment judge would consider the private interests whereas the enforcement judge would ensure the award's compliance with the public interests. Ultimately, the distinction between private interests and public interests could constitute the basis of redefining State control over international arbitral awards. More respectful of the will of the parties, more protective of State interests, this new paradigm would contribute to the effectiveness of arbitration
Faria, Marcela Kohlbach de. "Ação anulatória da sentença arbitral: aspectos e limites." Universidade do Estado do Rio de Janeiro, 2013. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=6333.
The present paper analyses the action for nullity of domestic arbitral awards and its role as an important mechanism for granting balance between state court and arbitration procedures as so as to preserve fundamental rights of the parties. At first, the paper makes an analysis of the jurisdictional power of the arbitrators and the equivalence of the judicial award and arbitrator award. As consequence, arbitrator award shall be classified as a procedural act and attract the application of nullity theory. Further, the paper makes a study over the main aspects concerning the action for nullity of arbitration awards, underlining some of the most relevant issues on the causes of nullity disposed in the Act 9.307/96. Above the core topics studied, three of them are highlighted and deeply analyzed: the granting of fundamental rights of the parties in contrast with the flexibility of the arbitral procedure; public policy control; and the limits of the judge while deciding an action of nullity. To ensure better support for the research, the paper makes a comparative study over the arbitration award judicial control (comprising Portugal, France, England and United States). Finally, the highlighted issues are examined under Brazilian doctrine and jurisprudence, regarding the elements taken from the comparative study, in order to well analyze the relevant problems. The overriding objective of the paper is to demonstrate the importance of the action of nullity as an instrument of control of arbitration awards, by means of weighting the principles of the free will to contract and due process of law.
Wladeck, Felipe Scripes. "Meios de controle judicial da sentença arbitral nacional." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-08092016-162943/.
According to Law n.o 9.307, which came into effect in September 23rd, 1996, domestic arbitral awards have the same effect on the parties as a ruling by a State Court, without the need for judicial confirmation. The Brazilian Arbitration Act regulates the limits and means for the judicial challenge of domestic arbitral awards in, essentialy, two articles, art. 32 and 33. The Act opted for brief rules on the issue, but they are sufficient to resolve the practical situations that may arise when an arbitral award is challenged. Understanding that arbitration is a process of conventional origin (private) and that due to those as well as other rules, such as articles 17, 18, 20, paragraph 2, and 31 it is contained in the field of general procedural theory (so that, consequently, the same principles and concepts are applicable) and is subject to the essential dictates of due legal process, it becomes possible, due to existing techniques of interpretation, to develop solutions to the many issues involving the judicial control of domestic arbitral awards that Law n.o 9.307 either did not expressly regulate or regulated imprecisely.
Yangoumale, Jean. "La nature de la sentence arbitrale en droit international : essai d'approche phénoménologique." Paris 2, 1989. http://www.theses.fr/1989PA02A001.
The utility of the phenomenological approach of the international law is point out by the problem concerning the nature of the international arbitral award. Traditionally, the effects of the international arbitral award are analysed as limited to the legal relationship between the parties. Such an approach is very restrictive, for it does not take into account the effects of the award as to precedent and international customary law. According to its wide scope of observation, phenomenologism allows new and adequate analysis. In fact, owing to the contemporary extension of the international arbitration to international organizations and private persons, the international arbitral award has a great influence on the adaptation and development of international law
Motulsky-Falardeau, Antoine. "Le délai de prescription applicable à l'exécution d’une sentence arbitrale étrangère au Québec." Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/30336/30336.pdf.
Khater, Talaat. "Les obstacles juridiques à l'exécution de la sentence arbitrale : étude comparée franco-égyptienne." Dijon, 2005. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f33b1855-5b04-48c6-a847-c78b6e6c717d.
Mouallem, Ziad. "Le principe du contradictoire, cause de contrôle étatique des sentences arbitrales internationales." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020030.
The post-arbitral adversarial principle in international arbitration is established in most legal systems. However, decisions of state judges show that general support for this concept masks significant differences in terms of its scope and application. This thesis does not aim to outline a theoretical description of the principle’s content ; it provides a qualitative analysis, the main objective of which is to ascertain its individuality, and not the fact that it is a mere application of the classic civil principle. Far from establishing the definitive adoption of an autonomous arbitral concept, the solution demonstrates the appropriateness and, therefore, the need for its legitimation, and has a direct impact on the movement of international arbitral awards. Ultimately, beyond any static framework, through the progress of the study, a logical development and regularisation activity with respect to comparative law should be detected. This development, from a classical principle to an international arbitration concept, to a contractual and non-statutory reading, containing a rule of equality, and thereafter to a technical tool which is disappearing, can only reveal the death throes in which the concept in question finds itself in. This outcome not only serves to highlight the detrimental conceptual errors in comparative case law, it also helps to mark one of the most emancipatory features of the international arbitration process. In this respect, such a situation would contribute to the accelerated privatisation of international arbitration proceedings
Franc-Menget, Laurence. "Le contrôle judiciaire des sentences arbitrales internationales en droit américain et français." Paris 2, 2002. http://www.theses.fr/2002PA020001.
Kouassi, Fabrice Constant. "L'annulation de la sentence arbitrale au Québec et dans l'espace OHADA : une approche comparée." Mémoire, Université de Sherbrooke, 2011. http://hdl.handle.net/11143/5895.
Bernadskaya, Elena. "La sentence arbitrale internationale : contribution de droit processuel comparé (droit français et droit russe)." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30084.
The arbitral award is a complex legal notion, sharing characteristics with the contract, the jurisdictional act and the judicial decision. Indeed, the jurisdictional dimension of the arbitral award has now been admitted, though, because of its contractual source, it is still considered as a private legal act. The legal regime of this jurisdictional act is therefore influenced by a contractual bias – as from the arbitrators’ appointment up to the enforcement of the arbitral award. A comparative approach shows that the arbitral award’s notion and legal regime are differently considered in French and Russian laws. The differences lie mainly in the interpretation of the legal qualification criteria, though the latter are similar in the two legal systems. The purpose of this analysis is to identify the said differences through the study of the arbitral award’s notion and legal regime in French and Russian laws, which might lead to consider that the specificity of the arbitral award should be preserved instead of considering the award as a judicial decision
Danay, Elmi Manijeh. "La sentence arbitrale et le juge étatique : approche comparative des systèmes français et iranien." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D014/document.
In France and Iran, the law of arbitration is the result of a long historical development. Arbitration in Iran finds its roots in the Antiquity. Because of a culture favoring the pacific settlement of disputes, which was prevailing at that period, arbitration imposed itself as the privileged mode in resolving disputes. In the field of international commercial arbitration, Iranian legal system has been inspired by the UNCITRAL Model Law in the promulgation of its LICA in 1997. This country has also adhered to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2001. The converging point between the Iranian and French legal systems is the following: they have tried to establish the rules favoring the recognition and enforcement of arbitral awards, any of them adopting a different approach. The First Part of this study is allocated to the reception of the arbitral award in the two legal systems. Solely the final award could be subject to control and enforcement. More concretely, the qualification of the arbitral award as international or foreign award will determine the applicable rules in the matters of recognition and enforcement. The arbitral award, identified and recognized, could possibly be controlled by the judge who will determine its fate. The Second Part of our analysis describes the said control that could be direct, on the occasion of the action for setting aside the award, or indirect, when requesting the recognition and enforcement of the award. This mechanism will lead in fine to protecting the winning party’s rights and avoiding any abuse of the means of recourse by the losing party
Bonato, Giovanni. "La nature du "lodo rituale" en droit italien et de la sentence arbitrale en droit français." Paris 8, 2007. http://www.theses.fr/2007PA083579.
Liu, Ouqian. "L’exécution des sentences arbitrales étrangères - étude comparative entre la France et la Chine." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020067/document.
France revealed its long-awaited new arbitration law in January 2011. France had forged a legal and judicial framework that is significantly favorable to arbitration in every respect, particularly in the field of enforcement arbitral award. In the context of harmonisation of arbitration law and practice worldwide, the central purpose of the New York Convention was to facilitate the recognition and enforcement of foreign arbitral awards. It considerably simplifies the enforcement of foreign awards. Nonetheless, the enforcement of an international arbitral award always takes place through a national court operating under its own legislations. In practice, the application of this legal regime can vary significantly from one country to another. China provides a good case study on this background, its arbitration rules has gone through continuous process of reform every year. While the foreign investors and researchers have often claimed that enforcement in China is problematic, the Chinese authors and researchers present a more positive view. The aim of this research endeavours to present a unique insight and an objective picture of the enforcement of arbitral awards in China, based on a combination of theoretical analysis of legal regime, statistical information and practical insights. It explains the current arbitration law in China with a comparative approach (including Hong Kong and Taiwan). Setting Chinese arbitration in its wider social context, we try to understand the history, the contemporary practice, the legal obstacles, the judicial attitudes and the possible future trends in the field of enforcement of foreign arbitral awards. We hope that the recent French Arbitration Law would be an inspiration for the next reform of the PRC Arbitration Law
Crépin, Sophie. "Les sentences arbitrales devant le juge français : pratique de l'exécution et du contrôle judiciaires depuis les réformes de 1980-1981." Paris 2, 1994. http://www.theses.fr/1994PA020048.
Arbitration is a private judicial system wich enables legal actions to be withdrawn from established jurisdictions and resolved by individuals specially empowered for that particular purpose. However, the parliamentary law and, in france, the statutory laws of 14th may 1980 and 12th may 1981 allow the parties to bring the matter before a judicial court should they wish to contest the arbitrator's decision or see it implemented. Arbitral sentences thus submitted to judges and the latter's rulings, often accompanied by specific comments, have never been thoroughly analysed. The objectif of present study is to bridge this gap by drawing on the wealth of judicial sources to analyse arbitral deisions, their enforcement and the controls to which they are submitted by the judiciary. In the first part, 2. 000 cases of arbitration have been examined under their statistical, legal, sociological and economic aspects. They have, first of all, been classified according to their nature (ad hoc ou institutional). The profile of the actors in the arbitration case, that is to say the litigant parties and the judges, was then drawn up. Finally, both the object and the amount of money invol ved in the arbitral lawsuit have been described
Crépin, Sophie. "Les sentences arbitrales devant le juge français : pratique de l'exécution et du contrôle judiciaires depuis les réformes de 1980 - 1981 /." Paris : Libr. Générale de Droit et de Jurisprudence, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/27210938X.pdf.
Debourg, Claire. "Les contrariétés de décisions dans l’arbitrage international." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100070.
The phenomenon of conflicting decisions is extremely hazardous. On the one hand, they represent a threat to the coherence of the legal systems. On the other hand, it places a burden on the parties, putting them in an inextricable situation. Being a jurisdictional dispute resolution method, international arbitration does not escape this phenomenon. On the contrary, the specificities of arbitration make it the territory of predilection for the appearance of conflicting decisions. In fact, conflicting decisions result from the conduction of parallel proceedings concerning identical issues, which receive a different analysis. International arbitration aggravates the classical causes resulting in conflicting decisions. These causes are the competition between jurisdictions and the incoherence of the solutions.The risk of the existence of conflicting decisions is frequent and it presents itself is several manners. It can oppose national courts’ decisions assisting and controlling the arbitration, an arbitral award and a national court’s decision or even two arbitral awards.Despite the gravity of the problem and the frequency of the risk of having conflicting decisions, international arbitration seems unarmed to deal with it. Firstly, it is confronted with the limited efficiency of the curative solutions, and secondly, with the difficulties of applying preventive solutions
Rahmouni, Rabeb. "L'arbitrage international et les tiers." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010316.
No English summary available
Almahmoud, Hussam. "L'arbitrage commercial international et les opérations bancaires : étude à la lumière des droits syrien et égyptien." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0123.
The practice of business reveals the success of arbitration as a means of resolving disputes. This form of justice, promoted by important international and regional conventions, is recognized and encouraged by many national legislations. The Syrian and Egyptian Arab Republics are not so left behind this way. They have adopted important and modern texts which aimed at ensuring the effectiveness of the arbitration process and creating a favorable environment for the development of this type of dispute settlement. Yet despite a favorable legislative context, banking operators in these republics are still reluctant to resort to this form of justice. Although this resume may be justified in the case of disputes arising from the implementation of so purely internal operations, it is surprising to observe it in the case of operations which are deployed in the international order. The object of the study is therefore to highlight the prospects offered by the new legal provisions. At first, the question of "access to arbitration" is explored. Going beyond this first problem, it was still necessary to examine the way in which these national provisions frame "arbitral justice" at the stage of the proceedings as well as at the level of appeals available against the award
Lin, Ching-Lang. "Arbitration in administrative contracts : comparative law perspective." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0023/document.
While arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields
Elatafy, Sherif. "La responsabilité des centres d'arbitrage." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3013/document.
Parties to arbitration seek arbitral institutions to administrate their arbitration in order to have an extra guarantee that ensures the validity of the arbitral award. Given the role that arbitral institutions play during the arbitral procedure, parties unsatisfied either by the arbitral award or the annulment of the award tend to claim the liability of arbitral institution for the awards it had supervised, administered and participated in.The more the allegations of liability raise against the arbitral institutions before courts, the more the issue of arbitral institutions’ functions, powers and liability becomes controversial in different jurisdictions. Therefore, the present study tends to clarify the origin of the relationship existing between arbitral institutions and other parties involved in the arbitration at issue, the duties and powers assigned to the arbitral institutions and the functions performed by the arbitral intuitions, which helps eventually in establishing a kind of liability that complies with the functions performed by the arbitral institutions and can be applied in many jurisdictions
Fipa, Nguepjo Jacques. "Le rôle des juridictions supranationales de la CEMAC et de l'OHADA dans l'intégration des droits communautaires par les Etats membres." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020030/document.
The Communautary Court of Justice (CCJ), the Communautary Court of Account (CCA) and the Common Court of Justice and Arbitration (CCJA) are the three supranational jurisdictions respectively created by EMCAC and OHBLA treaties to reinforce the new processes of economical and judicial integration for their member States. In the measure where these jurisdictions are competent to exercise a juridictional control, by determining the communautary norms, the first control being carried out by the national juridictions, the conception, the organisation, the functioning, the characteristics, the roles or competences of these new jurisdictions and also the destiny of the decisions they rend in their strictly judiciary functions or in their accessory functions of supporting the arbitral procedure, present an interest worthy of a doctorate research. If it appears that the supplementary Milestones of efficiency of the new processes of integration had been installed by the creation of the said jurisdictions, it had also been observed that the gravities of jurisdictional, structural or functional order continue to delay the speed of cruise. The solutions that we have proposed to overcome these difficulties involves the reorganization of communautary jurisdictions, the clearly distribution of competences between them, the reinforcement of the communautarian law control procedure, a permanent vulgarisation of integration law, a revalorisation of executary titles, a clarification of immunity of execution domain, a development of the recovery procedures, a continual training of judicial actors, and improvement of their working and living conditions, a resurgence of moral ethic, a real independence of the Justice… This means that the study put a stress on the obstacles which hold up the new processes of integration and propose solutions to perfect the legislative texts and their jurisprudential interpretations, in the perspective of accelerating the economic development of the concerned States, for the best global prosperity of the world’s economies
Kanouni, Hassani Mohamed Chakib. "La Justice étatique face à la sentence arbitrale en droit marocain : étude critique de l'office du juge." Thesis, 2018. http://www.theses.fr/2018UBFCB006.
Our thesis analyzes the judge’s control over the internal and international arbitral award in Moroccan law through exequatur and on the occasion of the action for annulment in view of both Moroccan and French jurisprudence and draws up a critical study of its impact
Rahmouni, Jaoudi Rabeb. "L'arbitrage international et les tiers." Thesis, 2015. http://www.theses.fr/2015PA010316.
No English summary available
Vincent, Julie. "Les troubles du contrôle des impulsions en droit pénal canadien." Thèse, 2013. http://hdl.handle.net/1866/9670.
A kleptomaniac, taken by overpowering impulses, can he be criminally responsible for his actions? That is the question behind this research. The impulse control disorders are mental disorders characterized by the inability to resist an impulse. How can we reconcile this with the Canadian criminal law, knowing that criminal liability based on the assumption that only a voluntary act warrants a conviction? To gain a comprehensive study on the subject, we chose three impulse control disorders, kleptomania, pyromania and pathological gambling. This selection allows us to study both the criminal accountability and the imposition of a sentence in Canadian criminal law. This study proposes a return to fundamental principles of criminal responsibility and the analysis of Canadian criminal law to demonstrate that some impulse control disorders (kleptomania and pyromania) result in the subject reaching a criminal incapacity, making it not criminally responsible within the meaning of article 16 of the Criminal Code. Furthermore, this research focuses on the principles surrounding the imposition of a sentence in Canadian criminal law and explores the impact of mental illness in terms of the sentence. This analysis shows that the diagnostic features of impulse control disorders are used to increase the punishment imposed on offenders. We consider that these characteristic should not be used as aggravating factors (especially in pathological gambling), but should be used to impose a sentence more appropriate to remedy to the problem causing the commission of crimes.
Koffi, Ange Marina N'gbo. "L'évolution des rapports entre le juge et l'arbitre au regard des récentes réformes en droit de l'arbitrage québécois : les compétences exclusives et non exclusives du juge étatique." Thesis, 2020. http://hdl.handle.net/1866/24449.
The arbitrator represents the judge in the arbitration proceedings: he decides, judges and holds the balance of justice in the arbitration proceedings. Although its decisions are arbitral awards, they do not have the enforceable force of a judicial judgment that would involve a penalty in the event of non-performance by the party against whom it was issued. Thus, the arguments according to which the reports of the judge and the arbitrator are conflicting, according to which the powers assigned to the arbitrator to complete his mission and the principle of incompetence of the state judge in the conduct of an internal or international arbitration, become refutable. Submitted for review and in support of the State judge, the arbitral body and the arbitral award shall be incorporated into the judicial order. They must live together in the same legal atmosphere. The judge in this regard has the obligation to protect and respect the will of the parties, while ensuring the smooth conduct of the arbitral proceedings. In light of the new arbitration reforms in force in Quebec, France and several other states, the relationship between the courts and arbitration has evolved towards understanding, collaboration and complementarity. In addition, the legal texts and rules governing arbitral proceedings are of great importance in our presentation, as they contribute to the demonstration of these new reports. It is, in fact, the respect of the rules and the possibility for the parties to manipulate them that make the arbitration attractive. The purpose of this brief is to demonstrate the evolution of the relationship between the judge and the arbitrator in light of recent reforms in the law of Quebec arbitration in parallel with the law of French arbitration. Our strategy will be to identify the powers assigned to the state judge and to analyse the place reserved for the state judge in this procedure. Since it proves to be a valuable support for arbitration, it would be appropriate to redefine its place in this procedure, in order to dispel any misunderstandings that may have existed.
Joseph, Jacceus. "L'arbitrage commercial international et les garanties procédurales." Thèse, 2009. http://hdl.handle.net/1866/3985.
This research work tackles a complex subject, which is in the heart of a doctrinal debate in International arbitration Law: International Commercial Arbitration and procedural safeguards. In fact, International Commercial Arbitration is a traditional method of dispute resolution in International Trade and International Economic Relations. Parties to a dispute would rather prefer this mode of dispute resolution to state courts because of its hybrid nature (contractual and judicial).One can explain this preference for this method of international dispute resolution by the development of the international economy, the market globalization, the conclusion of numerous international conventions in the domain, the creation of arbitration centers, the modernization of national laws and regulations. By contrast, one can note that arbitration lacks predictability and certainty for parties in International Trade. One can just think of the multiplication of legislative attachments and judicial controls: conflicts of laws, conflicts between methods of conflicts of laws, etc. We have demonstrated that the solution to the difficulties of the conflictualist method would be the harmonization of the International Arbitral Procedures and that this method of dispute resolution would lead, more and more to the approximation between different judicial traditions (Common law and Civil Law). However this convergence movement is far from being achieved. Many other arbitral practices do still keep the imprint of diverse state procedures and of major legal systems worldwide.