Therefore, when an employer hires a worker, there is an urgent need to determine whether it is advantageous to enter into a fixed-term contract or whether an unspecified futures contract can be safer. 2.2. With regard to the framework in which the argument is to be considered, it should be stressed that the rules determining Swiss international arbitration are those of Swiss private international law with regard to international arbitration, interpreted by the Federal Court, in particular Article 190, paragraph 2, point d), of the PILA, and the specific notion of unpredictability arising from the previous jurisprudence. In other words, it is not a question of whether the relevant rules of the French procedure applicable to international arbitrations constitute “public law exceptions to French law” by which Article 59 of the warrant imposed on the arbitrator is equivalent or whether it violated them. Nor does it determine the extent of the procedural obligations conferred on them by Article 64 of the previous mandate. It should be remembered that a modality in the arbitration regulations, as incorporated in the mandate, does not become a binding procedural principle simply because it was desired by the parties and made mandatory by the Arbitral Tribunal (ATF 117 II 346, point 1b/aa). Moreover, if the parties had agreed to limit the arbitrator`s task to the legal arguments they raised, a departure from the jura novit curia rule – which is not clearly presented in article 59 of the warrant – the failure to comply with that limitation would have opened the way for an appeal to the federal court on grounds not relied upon here by the applicant (cf. art. 77 (3) LTF), such as the incompetence of the referee (s. 190 (2) (b) PILA) or for rule violations do eat judex ultra petita partium (s. 190 (Article 2) (c) (c) PILA), but not because of an alleged violation of the right to employment under Article 190, paragraph 2)) (d) PILA (ATF 130 III 35 to 5 39).
Nor will this audit address the way in which the arbitrator interpreted the notion of implied extension of the contract in French material law and applied it to the relevant facts, since non-compliance with material law by an arbitral tribunal or arbitrator, even if arbitrary, is not included in the comprehensive list of article 190, paragraph 2, of the PILA. Therefore, the only question is whether the arbitrator based his sentence on a legal ground that the parties could not predict. Since the agreement had not been renewed in accordance with the extension clause, but that the worker had continued to work more than five days after the deadline had expired, the worker`s employment was tacitly renewed for an indeterminate mandate, in accordance with section 2090 of the Civil Code of Quebec (C.C.Q.).