The jurisdictional
nature of arbitration requires both the arbitrators and the parties to comply
with the rules of due process. While arbitrators must always be guided by
respect for this procedural public policy, there are situations in which the
arbitral tribunal may depart from it in order to give precedence to control of
the proceedings, the quest for efficiency and the arbitrator’s office. Cases in
which the arbitrator’s freedom prevails are rare, but they do exist, as
illustrated by two recent cases from the Cour de cassation, one relating to a
formula for calculating an order to pay a sum of money that was not submitted
to the parties for discussion, the other relating to the unmotivated dismissal
of requests for the production of documents.