By Yasmine EDDAM
4 April 2025
As we saw in our previous article, commercial arbitration relies entirely on the will of the parties. Without their agreement to submit a dispute to private judges, the arbitration route remains closed. This fundamental agreement takes the form of an "arbitration agreement". But how do you actually commit to arbitration? What form does this commitment take? And above all, what rules must be observed to ensure that the agreement is valid and produces the desired results? An agreement that is poorly drafted or entered into under the wrong conditions may prove ineffective, or even a source of new disputes. The purpose of this article is to explain the two main forms of arbitration agreement - the arbitration clause and the arbitration agreement - as well as the essential conditions for their validity and their immediate legal consequences. Choosing arbitration: two moments, two agreements The Code of Civil Procedure distinguishes between two main...
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