The effectiveness of an arbitration clause, as an onerous clause, is subject to specific written approval only when the clause is inserted in contracts with general conditions prepared by only...
Challenge of an arbitral award for nullity is a limited form of challenge, permitted only for certain procedural defects and for non-observance of legal rules exclusively within the limits of...
Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer to regular arbitrators every dispute relating to implementation, interpretation and...
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of Civil Procedure together with the final award. But an award...
An arbitration clause contained in condominium regulations must be interpreted, absent contrary intention, in the sense that all cases where the regulations may represent a constitutive fact of the claim...
In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in conflict, the award may be challenged for defects that can...
The objection of inadmissibility due to presence of an arbitration clause finds no acceptance when the case does not concern exact interpretation of the contractual regulation, but validity of assembly...
In contracts between businesses, an arbitration clause is not subject to specific written approval under Articles 1341 and 1342 of the Civil Code when the contract cannot be qualified as...
An arbitration clause referring to every dispute relating to interpretation and performance of the contract does not include a claim for damages based on non-performance of the arbitral award, because,...
An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes referring to claims whose cause...
The interpretation of the contract operated by the referees constitutes assessment of fact not unionable in the judgment of appeal of the award, Salvo the case in which the motivation...
The obligation of the specific approval per member of the clause compromise ai senses of art. 1341 code civ. Is respected even in the case of call numerical a clause,...