Arbitrators are not required to pursue the special procedure provided for under Article 814, paragraph 2, of the Code of Civil Procedure for the assessment of their fees, and may...
A contractual clause providing for the resolution of disputes through a "fair amicable settlement" by means of mediation by a third party constitutes an arbitration clause, at least in the...
In proceedings for challenge of an arbitrator pursuant to Article 815 of the Code of Civil Procedure, the challenging party bears the burden of proving the facts underlying the challenge,...
The nullity of an arbitral award for lack of impartiality of the arbitrator, pursuant to Article 815, paragraph 1, No. 3, of the Code of Civil Procedure, falls within the...
The challenge to an arbitral award for nullity pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, being admitted exclusively for procedural...
In institutional arbitration, the rules governing extensions of time for filing the award as provided by the arbitral institution's regulations do not exclude the application of automatic extension provisions under...
An arbitration clause which confers upon the parties the mere faculty to refer the resolution of disputes to an arbitral tribunal, expressly providing that "the right to resort to the...
The objection based on an arbitration agreement in regular arbitration has a procedural character and constitutes a question of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure....
A partial award is immediately challengeable pursuant to Article 827, paragraph 3, of the Code of Civil Procedure only when, deciding on one or more claims, it has defined the...
The arbitrability of disputes is the rule, whilst non-arbitrability constitutes the exception pursuant to Article 806 of the Code of Civil Procedure. Non-arbitrability occurs when the dispute has as its...
A preliminary objection based on an arbitration clause timely raised in opposition to an injunctive decree, when the arbitration is of a regular nature, constitutes a question of jurisdiction pursuant...
The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42...