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“With this procedure, no time is wasted, and any delaying tactics are ineffective.”
The CMAP has created a simultaneous Med-Arb process, combining both the flexibility of mediation and the decision-making nature of arbitration, within an agreed timeframe and for a cost established in advance.
Indeed, the originality of this procedure lies in the simultaneous implementation of the two procedures which, however, take place independently of each other.
The dispute is thus entrusted to a mediator and one or three arbitrators who are prohibited from communicating with each other about the case.
The arbitrator issues a decision only 8 days after the expiry of the time limit set by the parties for the mediation and only if no agreement is reached at the end of the mediation phase.
Thus, companies are assured of a solution within the time they have set. It will be either an amicable solution, thanks to mediation, or a solution imposed by the arbitration decision.
With this procedure, no time is wasted, and any delaying tactics are ineffective.
To file your request with the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris):
The request shall be registered only if it is accompanied by the payment of the file opening fees as established according to the fee schedule in force on the date of its receipt at the Centre.
For more information regarding this procedure, please consult the Med-Arb Rules, the schedules or contact us.
“An adjudication offers the possibility to obtain a binding decision within a maximum of 28 days.”
The execution of a project over a relatively long period of time almost inevitably leads to differences between contractors as to the assessment of their respective obligations. These conflicts can jeopardize the completion of the project.
An adjudication can avoid these extreme situations. It offers the possibility to obtain a binding decision within a maximum of 28 days after the appointment of the third-party decision-maker.
The parties undertake to comply with the decision of the third-party decision-maker voluntarily and without delay, without however depriving themselves of the right to challenge it at the end of the performance of the contract (by a judicial or arbitral body).
A company manager told the CMAP:
“despite this conflict, we are forced to continue working together. We will therefore immediately execute the decision of the third party and the work stoppage will thus be avoided, which is essential for us. If necessary, we will settle matters at the end of the contract”.
To refer your case to the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris) with the following information:
The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request.
For more information on this procedure, please see the Med-Arb Rules and Regulations, or contact us.
“This procedure naturally drives the parties to be reasonable.”
Based on the model of a practice developed in the United States in the world of sports, particularly for the establishment of the salaries of baseball players, known as « Baseball Arbitration » ou « Final Offer Arbitration », the CMAP proposes a procedure which presents the originality of leaving only one possibility to the third party-decider on the last offer: that of choosing, at the end of an adversarial exchange, one or the other of the last proposals formulated by the parties, which requires that the parties be reasonable.
Two companies are in dispute over the defect of a product. Two companies are in dispute over the defect of a product. Both parties agree that the products delivered are defective but disagree on the assessment of the damage. . They resort to a final offer arbitration to determine the amount of compensation.
At the end of the final offer arbitration, the third-party decision-maker told us: ” In the end, the proposals made by each of the parties were quite similar. This was probably due to the fact that each party had reworked its offer to make sensible and acceptable proposals, thus trying to avoid the third party choosing the other party’s proposal. I am always amazed at how this process naturally leads the parties to be reasonable. »
To refer your case to the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris) with the following information:
The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request.
For more information regarding this procedure, please consult the Adjudication Rules and schedule or contact us.