international award - irregularity - renunciation (no) - Mission - adversarial - dismissal of the procedure
The ICCP-CA first dismissed the plea of inadmissibility resulting from the alleged renunciation by the applicant to raise irregularities in front of the setting aside judge. In accordance with the exhibits produced, the court ruled that a discussion had taken place before the arbitrator on the probative value not only of an award which had been set aside but also on the affidavits and testimony resulting from the first arbitral proceedings and that it was only after reading the award that the applicant could find the arbitrator in breach of his mission and the adversarial principle (§ 14 à 34).
After finding the grounds to set aside the award admissible, the court dismissed them. The ICCP-CA found that the parties had agree on the production as "documentary evidence" of testimony that had been given during previous arbitral proceedings and thus, by ruling on these pieces of evidence, produced in accordance with the principle of a fair trial, the arbitrator had acted in accordance with his mission (§52). The court added that all the elements necessary for the arbitrator to rule on the case had been the object of an adversarial discussion since both testimonies resulting from the first arbitral proceedings, were the applicant was also incidentally represented, as well as all the evidence relied upon by the arbitrator were produced in conformity with the adversarial principle (§ 59).