The suspension of enforceability of a foreign arbitral award pursuant to Article 840, paragraph 2, Code of Civil Procedure is subject to the existence of serious grounds, to be assessed...
A statutory arbitration clause that limits arbitral jurisdiction to disputes between shareholders or between shareholders and the company does not apply to an action for restitution of objective unjust enrichment...
The recognition of the enforceability of a foreign arbitral award pursuant to Article 839 of the Code of Civil Procedure is subject to verification of the formal regularity of the...
An arbitration clause that provides for the parties' right to bring proceedings before an arbitral tribunal, using the auxiliary verb "may", establishes optional arbitration and does not exclude the jurisdiction...
The objection based on an arbitration agreement is procedural in nature and constitutes a matter of jurisdiction, such that it must be raised, on pain of waiver, in the first...
In the presence of an arbitration clause providing for the constitution of an arbitral tribunal, interim relief may be sought before the competent ordinary court when the arbitral tribunal has...
The appointment of the arbitral tribunal by the president of the court may be conferred upon the same tribunal previously appointed when the case is connected with another ongoing arbitral...
An arbitration clause contained in a contract and signed by both parties is valid and effective in the absence of express disavowal of the entire agreement, not requiring the double...
The effectiveness of an arbitral award is not lost merely because an appeal is pending before the Court of Appeal, thereby establishing lis pendens with respect to identical claims brought...
An arbitration clause, in the absence of express contrary intention, must be interpreted as attributing to arbitral jurisdiction all disputes relating to claims having their causa petendi in the contractual...
The enforceability of an arbitral award made enforceable by court decree remains effective even when an appeal is pending against the award itself, unless the Court of Appeal expressly suspends...
In proceedings brought by a bankruptcy trustee for the recovery of a debt owed to the bankrupt estate, the defendant may raise by way of set-off the existence of their...