An arbitration clause that grants only one party the power to decline arbitral jurisdiction and request that the case be decided by ordinary courts is not invalid, as it does...
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of the Civil Code, unlike a clause establishing formal arbitration. The...
An action for restitution of undue payment under Article 2033 of the Civil Code has contractual nature, being founded on the non-existence of the obligation performed by one party, and...
Annulment of an arbitral award determines the cessation of conditions for set-off operated on the basis of the credit recognised therein, and subsequent cassation with remand of the annulment judgment...
A party who, despite having agreed to an arbitration clause, proceeds before the ordinary courts by joining a third party who is subject to the same arbitration clause, must bear...
Challenge of an award under Article 829 of the Code of Civil Procedure is admitted solely to assert errors in law (errores in iudicando) and procedural errors (errores in procedendo),...
An arbitration clause contained in a contract applies, absent express contrary intention, solely to disputes arising from that contract itself and which may arise between the contracting parties, excluding disputes...
A statutory arbitration clause, whilst valid and capable of conferring exclusive jurisdiction on arbitration in disputes between shareholders and the company to the exclusion of the ordinary judicial authority, cannot...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by law according to Article 829(3)...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by law according to Article 829(3)...
An arbitration clause for formal arbitration included amongst general terms and conditions unilaterally drafted constitutes an unfair contract term and, as such, requires specific written approval pursuant to Article 1341(2)...
An arbitration clause contained in a company's articles is not applicable when the company has been struck from the company register, since the entity with whom the arbitration agreement subsists...