בוררות - בורר

French Code of Civil Procedure

Article 1482
An arbitral award may be appealed unless the parties waived their right to appeal in the arbitration agreement. However, it may not be appealed where the arbitrator has been empowered to rule as amiable compositeur, unless the parties expressly reserved the right to do so in the arbitration agreement.

Article 1483
Where, in accordance with the distinctions made in Article 1482, the parties have not waived their right to appeal or have expressly provided for such right in the arbitration agreement, an appeal is the only form of recourse available, be it to obtain the revision or the setting aside of the arbitral award. The appellate judge shall rule as amiable compositeur where the arbitrator was empowered to do so.

Article 1484
Where, in accordance with the distinctions made in Article 1482, the parties have waived their right to appeal or have not expressly reserved such right in the arbitration agreement, an action to set aside what is characterized as an arbitral award may nonetheless be brought, notwithstanding any provision to the contrary. It is available only in the following cases:

1. Where the arbitrator ruled in the absence of an arbitration agreement or on the basis of an agreement that was void or had expired;
2. Where the arbitral tribunal was irregularly constituted or the sole arbitrator irregularly appointed;
3. Where the arbitrator ruled without complying with the mission conferred upon him or her;
4. When due process has not been respected;
5. In all cases of nullity envisaged in Article 1480;
6. Where the arbitrator has violated a rule of public policy.

Article 1491
An action to revise the arbitral award is available in the same cases and under the same conditions as those envisaged for court judgments.
It shall be brought before the Court of Appeals which would have had jurisdiction over other forms of recourse against the award.