An arbitration clause appended to a contract is not apt to confer upon the arbitrators jurisdiction over disputes relating to a settlement—including a non-novatory settlement—of claims arising out of that...
The existence of an arbitration clause in the contract between the parties does not preclude the jurisdiction of the ordinary court to issue an order for payment, although such jurisdiction...
In arbitral proceedings, pursuant to Article 816 ter(3) of the Code of Civil Procedure, the ordinary court orders the attendance of a witness before the arbitrator, who shall independently fix...
In proceedings for the challenge of an arbitral award, the stay of enforcement may be upheld where the grounds of challenge appear to merit further examination, both as regards the...
In arbitral proceedings, the use by the court-appointed expert of documents which, although not formally placed in evidence by one of the parties, were duly transmitted to the parties' experts...
An arbitration clause is void where the arbitrator designated therein does not satisfy the requirements of independence and impartiality prescribed by law in relation to the parties to the dispute.
A challenge to an arbitral award on the ground of breach of rules of law relating to the merits of the dispute is admissible only where expressly provided for by...
An arbitration clause contained in the constitution of an association, referring disputes between the association and its members to arbitration, is binding upon a member who has brought proceedings before...
An arbitration clause contained in an agency contract which refers to the arbitration rules established by an association representing a category of economic operators must be interpreted restrictively, with reference...
The pendency of arbitral proceedings prescribed by sector-specific legislation for the resolution of disputes concerning administrative inspections does not render the contested administrative measure ineffective or suspended, without prejudice to...
The connection between disputes arising from a plurality of contracts, of which only some contain an arbitration clause, does not affect the operation of the arbitration agreement nor does it...
The validity of the arbitration clause must be assessed at the time the question of the allocation of jurisdiction between the court and the arbitrator arises, irrespective of the time...