La contribution du juge étatique à la constitution du tribunal arbitral

الملخص EN

The fundamental prolegomena of the matter, namely the conventional basis of arbitration and its negative effect consisting in the incompetence by compliance to law of the state judge have been abundantly presented and clarified by the doctrine.

it is therefore important not to dwell on them but to wonder about the consequences of these two fundamental observations on the conduct of the arbitral procedure and more particularly on the constitution of the arbitral tribunal without which there is no trial at all.

conventional first of all, this method of settling disputes must find in the sole conventions on which it is based the means of constituting the tribunal which must be born from it; as a denier of the state judge, arbitration should not resort to it.