The objection of inadmissibility of the claim based on the existence of an arbitration clause, raised by the opposing party in proceedings to oppose a payment order, is rendered moot...
An arbitration clause included in a contract has effect limited to the parties who specifically agreed to it and cannot be invoked against third parties to the contract itself, even...
An objection based on an arbitration agreement, founded on an arbitration clause validly agreed between the parties, results in a declaration that the judicial claim is inadmissible pursuant to Article...
The plea of arbitration agreement, as a plea of lack of jurisdiction, is subject to the regime of art. 38 final paragraph of the Code of Civil Procedure, according to...
Disputes concerning the challenge of condominium assembly resolutions, relating to disposable rights, may be referred to arbitration, as they do not fall within any of the prohibitions set out in...
An arbitration clause contained in a share transfer agreement, which refers to arbitrators disputes between shareholders or between shareholders and the company relating to the interpretation and performance of the...
An arbitration clause contained in a preliminary contract for participation in a tender procedure (Pre-bid Agreement), whereby the parties undertake to submit to arbitrators disputes relating to the interpretation and...
An arbitration clause contained in condominium regulations which refers to an arbitral tribunal disputes relating to the application and interpretation of the regulations themselves does not operate with reference to...
The objection of inadmissibility of a judicial claim for failure to pursue the arbitration proceedings contractually agreed upon by the parties constitutes a preliminary procedural issue which must be raised...
An arbitration clause contained in a contract entered into between entrepreneurs is not subject to the requirement of specific written approval provided for by Articles 1341 and 1342 of the...
The raising of an objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the existence of an arbitration clause, does not require the...
The existence of an arbitration clause for institutional arbitration does not preclude the jurisdiction of the ordinary court to issue a payment order; however, where an opposition is filed based...