An arbitral award, by virtue of the equivalence of its effects to those of a judgment pronounced by a judicial authority pursuant to Article 824-bis of the Code of Civil...
In non-contentious proceedings concerning the appointment of an arbitrator pursuant to Article 810 of the Code of Civil Procedure, withdrawal of the application cannot give rise to an order on...
Where an arbitration clause refers disputes to international arbitration, the interim measures jurisdiction of the State court remains where the arbitration agreement does not expressly confer upon the arbitrators the...
Arbitration proceedings conducted between the client and the contractor do not produce effects interrupting the limitation period in relation to the works supervisor, even though the latter may be called...
With regard to institutional arbitration, for the purposes of establishing the defect of failure to rule pursuant to Article 829, paragraph 1, No. 12, of the Code of Civil Procedure,...
The objection of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the arbitration clause contained in the special conditions of contract, must be...
A judge called upon to ascertain the subject matter and limits of res judicata arising from an arbitral award cannot confine himself to considering the operative part alone, but must...
A letter of request originating from a foreign arbitral tribunal is capable of enforcement in the domestic legal system pursuant to Article 69 of Law No. 218/1995, provided that its...
An arbitration clause contained in the articles of association may be derogated by a settlement agreement entered into between all the shareholders and the company, whereby the parties expressly agree...
An arbitration clause submitting to arbitrators technical disputes concerning the non-conformity of works with the design, lack of agreement on the conditions for issuing progress payment certificates, and the adequacy...
The failure by one of the joint venture participants to pay their share of the deposit required for the operation of the arbitral tribunal, resulting in a declaration of termination...
An objection based on an arbitration agreement raised before the ordinary court, in the presence of an arbitration clause, raises a question relating to the merits and not to jurisdiction...