Sinteză și examen teoretic al jurisprudenței Curții de Casație a Franței în materie arbitrală
Synthesis and theoretical examination of the jurisprudence of the Court of Cassation of France in arbitration matters

Summary/Abstract: The consistent jurisprudence of the Court of Cassation has established that it is not sufficient for arbitrators to declare that they can use the conferred powers to apply equity; they must have explicit authorization. The reasoning of the Court of Cassation's decision is clear in this regard and constitutes a warning regarding insufficient grounds: 'the decision reveals that, nevertheless, the linear reference to equity in the operative part of the arbitral award, without adequate reasoning, relative to the entirety of the issues raised in the case, the arbitral tribunal ruled in law, thus the annulment of the award was justified.

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