Frequently Asked Questions
eJust answers all your questions
What is arbitration?
Arbitration is an alternate dispute resolution method through which parties yield power to one or several impartial and independent third parties in order to judge a disagreement. In general, arbitration procedures are used to resolve business disputes as they offer speed, privacy and minimal costs. Unlike a mediator or conciliator, the arbitrator's tribunal reaches a final award, directly enforceable in 149 countries around the world.
What are the legal grounds for arbitration in French law?
Articles 1442 and those thereafter in the Civil Procedural Code hold sway over arbitration. The mission to judge a dispute is vested upon the arbitrator by virtue of a legally binding contract. It is generally an arbitration clause: contract providing the resort to arbitration for any future dispute. It can also be an arbitration agreement: contract by which parties anticipate this solution following the inception of a disagreement.
Awards recognition and enforcement abroad
The June 10th 1958 New York Convention for the recognition and enactment of foreign arbitral sentences ("the Convention") aims to establish common legislative norms for the recognition of arbitration conventions as well as acknowledgement and enforcement of foreign awards by State tribunals. The Convention's prime purpose is to avoid any discrimination against foreign awards. Indeed, it forces signatory States to ensure those awards are recognized and enforced on their territory as if they were national awards. Another ambition of the Convention is to force State jurisdictions to fully enforce arbitration conventions by sending parties that submit them in front of arbitration tribunals.
How can I know that the arbitrator's award will be implemented?
An arbitral award can be enforced according to a simplified procedure in the 149 countries which ratified the New York Convention - which includes France.
The legal framework of eJust
Does eJust increase my chances of winning the dispute?
No. eJust speeds up the procedure and allows you to reduce your costs. eJust arbitrators are specialists who reach their award in complete independence on the basis of evidence administered by the parties.
How can I be certain that the eJust-designated arbitrators are independent?
Before commissioning an arbitrator, the eJust center inquires about risks relating to conflicts of interest. Our arbitrators take part in specific training and make a declaration of independence specific to each case and parties- as any arbitrator must. Also, all parties to a dispute may notify eJust of a potential lack of independence of the arbitrator(s), which will be systematically adjudicated upon.
In my contracts, I would like to add a clause stating the mandatory resort to eJust in case of dispute. Does the law permit me to do so?
Yes. The essential is that your co-contractors are equally in agreement and sign the aforementioned contracts.
Guidelines of the eJust platform
I do not wish to digitize my paper documents for confidentiality reasons, can I still use the platform?
No. eJust is one hundred percent online. The use of digital technology is at the heart of our model. Nonetheless, we uphold the highest security standards to guarantee your data's confidentiality. Furthermore, if you chose to submit your case to the State justice system you still have to scan your documents and send them to jurisdictions.
Is the eJust support service available 24 hours a day?
The eJust team is available Monday to Friday from 8AM to 8PM for ongoing cases.
Are deadlines in effect outside of eJust's working hours?
Deadlines are not in effect when service is interrupted. Do not hesitate to familiarize yourself with eJust's Bylaws to know more about the extension of service deadlines.