Un Nouvel Office Pour L’Arbitre ? - Revue de l’arbitrage View Un Nouvel Office Pour L’Arbitre ? by - Revue de l’arbitrage Un Nouvel Office Pour L’Arbitre ? 2017 1

Whilst the reform of French contract law resulting from Administrative Order n° 2016-131 of 10 February 2016 has in no way modified the guiding principles of procedure appearing in the Civil Procedure Code, the brand new powers conferred upon courts by these amendments to the Civil Code necessarily lead to an evolution of the courts’ role in the wider sense. What applies to State courts also applies to arbitral tribunals, however to a lesser extent: the preponderant weight given to the will of the parties in arbitration should in theory lead to greater compliance with the principle whereby the parties themselves determine the subject matter of the dispute, in particular since two mechanisms can enable the parties to give greater effect to this principle. The first,which is particular to arbitration, is no other than the terms of reference. The second, originally designed for State courts but little used, is to be found in the linking by means of qualifications and points of law, which could see a revival through its use in arbitration.

Revue de l’arbitrage