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Arbitration

CHAPTER 4. ARBITRATION

Art. 315- Principle
(1)    Where arbitration is required by law or persons have entered into a written agreement to submit present or future differences to arbitration the provisions of this Chapter shall apply.
(2)    No arbitration may take place in relation to administrative contracts as defined in Art. 3132 of the Civil Code or in any other cause where it is prohibited by law.
(3)    No person shall submit a right to arbitration unless he is capable under the law of disposing of such right.
(4)    Nothing in this Chapter shall affect the provisions of Arts, 3325- 3346 off the Civil Code.

Art. 316- Appointment of arbitrator by court
(1)    Where a court is required to appoint an arbitrator, including a family arbitrator, such appointment may be made by any court
(2)    Judges shall not be eligible for appointment as arbitrators but may act as family arbitrators.
(3)    Where an arbitrator has been appointed he shall without delay signify his acceptance or refusal to the appointments in writing.

Art. 317- Procedure before arbitration tribunal
(1)    The procedure before an arbitration tribunal, including family arbitrators, shall, as near as may be, be the same as in a civil court.
(2)    The tribunal shall in particular hear the parties and their evidence respectively and decide according to law unless by the submission it has been exempted from doing so.
(3)    Summonses may be issued for the attendance of witnesses who may be sworn:
Provided that, where a witness fails to appear in answer to the summons, either party may apply to the court for the issue of a summons, in which case the provisions of Arts. 111-121 shall apply.
(4)    When a party, who has been given the opportunity to be heard and produce his evidence, foals to do so, the tribunal may given its award in default.

Art. 318- Making of award
(1)    The parties shall fix a period of time within which the award shall be made, and such period may be extended by the parties
(2)    An award shall be made in the same form as a judgment and shall deal with the question of costs
(3)    Where there is more than one arbitrator, the award shall be the decision of the majority.
(4)    A copy of the award dated and signed by the arbitrators shall be served on both parties.
(5)    Where the fee to be paid to the arbitrator has not been fixed, a reasonable fee shall be fixed by the arbitrator in his award.

Art. 319.- Appeal and execution
(1)    The provisions of Arts. 350-357 shall apply to appeals form, and applications to set aside an award, including an award by family arbitrators
(2)    An award may be executed in the same form as an ordinary judgment upon the application of the successful party for the homologation of the award and its execution.