Expertise

Arbitration is an alternative dispute resolution (ADR), whereby parties agree to submit their dispute to an Arbitral Tribunal generally composed of 1 or 3 arbitrators.

Arbitration is provided for by an arbitration clause, contained in a contract for a dispute to arise, or by a compromise, an agreement by which the parties indicate their willingness to submit to arbitration when the dispute has already arisen.

The arbitrator(s), who form an Arbitral Tribunal, pronounces an award, which in principle is rendered in law, and which is binding on the parties.

In principle, unless the parties have expressly reserved this avenue in domestic law, there will be no appeal against the arbitral award. In international law, the avenue of appeal-revision is in principle always closed.

In France, domestic law recognizes the possibility of resorting to arbitration in employment law.

Thus, an employment contract may include an arbitration clause or the parties may agree to a compromise.

Within the framework of the arbitration clause, the employee nevertheless has the choice.

In fact, he can invoke the arbitration clause in his employment contract to initiate arbitration proceedings or ask the Employment Tribunal to declare itself incompetent, when the employee is in the position of defendant, in favor of the Arbitration Tribunal.

Conversely, he may choose to raise the unenforceability of the arbitration clause, in order to have the dispute settled by the Employment Tribunal.

The employer is obliged to comply with the arbitration clause, except in cases where he did not enter into the contract for the needs of his professional activity (individual employer, for example).

The compromise concluded between an employer and his employee is perfectly valid and enforceable against both parties.

Maître Déborah WILLIG has been a graduate in domestic and international arbitration law since June 2024.

She assists you, as Counsel, or may be appointed as arbitrator, in an arbitration procedure.

She is a member of the European Employment Lawyers Association and sits on its panel of arbitrators.

Litigation and arbitration in commercial law

In the context of your commercial disputes, the Déborah WILLIG law office can represent you before the Commercial Tribunal and the Court of Appeal, or in the context of an arbitration procedure.

​

More specifically, Maître Déborah WILLIG intervenes in matters of debt recovery, abrupt termination of established commercial relations and unfair competition .

​

​