DECISION BY THE FRENCH COUR DE CASSATION, FIRST CIVIL CHAMBER RENDERED ON 6 DECEMBER 2005 IN CASE 1660 FS-P+B

 

Subject Matter: Liability of arbitrators who have failed to render an award before the deadline for the arbitral proceedings.

 

Finding: The arbitrators cannot rely on their immunity and are therefore personally liable when the deadline is reached before an award has been rendered. They have the duty to file a request before the judge for an extension of the time-limit for making the award, if the parties to the arbitration do not extend the deadline by mutual agreement, and neither of them files such a request to the State court.

 

Parties:

Claimants: 1. Louis Juliet, 2. Benoît Juliet

Respondents: 1. Paul Castagnet (arbitrator), 2. Pierre Couilleaux (arbitrator), 3. Adolphe Biotteau (arbitrator)

 

Place of Court Proceedings: Paris, France

 

Applicable Law: French Civil Code, Article 1442, French Law on Domestic Arbitration, Article 1456 of the French New Code of Civil Procedure.