6533b7d9fe1ef96bd126c984

RESEARCH PRODUCT

Le siège de l'arbitrage international

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In international matters, the arbitral tribunal has no choice but to settle in the territory of a State in order to render its award. The choice of this "host State" would then determine the seat of international arbitration. But what choice do we make? How? By whom ? What to do in case of uncertainty of this choice? What effects will this determination then have in creating the tribunal, in rendering and enforcing its award, or in choosing the applicable laws? There is no single answer to these simple questions. Indeed, international arbitration law attaches varying importance to the notion of seat, in the sense that it will depend primarily on one's vision of the place and source of arbitration in relation to state justice. It is through the study of various philosophical thoughts, used by different academic point of views, that it will prove possible to explain the diversified representations that exist within the international legal community of the notion of "arbitration seat". Thus, this manuscript raises complex questions about the source of the juridicity of an international arbitral award. Indeed, the more the award is considered to have its source in the legal order of the State in which the tribunal is located, the more arbitration and arbitrators will be seen to be an integral part of that order, and more the law of the seat will have influence on the conduct of the arbitral process, the organization of the tribunal and the award. Therefore, after the study of the different philosophical conceptions of arbitration and the representations of the seat attached to it - a study in which it will be noted a revolution of the dominant theory, passing from a territorial model to a delocalized model (evolution which will be perceptible through a comparative analysis of the laws of arbitration countries) - an analysis of the consequences resulting from a more or less strong impact of this seat on the arbitral process will lead to a clear observation. Whatever the theory of the seat of the arbitration considered, it can be seen a decline in of the application of its procedural or substantive laws