A provision in the articles of association that refers to an expert appointed by the court the determination of the value of the share of a withdrawing member, in the...
The obligation to state reasons for an arbitral award, provided for by Article 823 of the Code of Civil Procedure, must be deemed satisfied even by a summary exposition of...
With regard to third-party revocatory opposition against an arbitral award, a shareholder of a limited liability company has standing to bring the challenge not in his capacity as shareholder, to...
The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation against a judgment deciding on...
An arbitration clause contained in a construction contract does not automatically extend to settlement agreements subsequently entered into between the same parties to regulate the consequences of the termination of...
In arbitration proceedings brought by a shareholder for damages allegedly caused to the company by the sitting administrative body, there exists a conflict of interest between the company and the...
The application for a declaration of enforceability of an arbitral award must be filed, pursuant to Article 825 of the Code of Civil Procedure, with the registry of the court...
An arbitration clause contained in a professional services contract is not enforceable against a party nor does it produce effects precluding judicial proceedings where the contract containing it has been...
An action for liability against arbitrators, pursuant to Article 813-ter, paragraph 3, of the Code of Civil Procedure, may be brought during pending arbitration proceedings exclusively in the circumstances provided...
An arbitral award concerning the annulment of a general meeting resolution confirming the appointment of a condominium administrator, being a decision of a purely declaratory or constitutive nature, does not...
The participation of an heir who has accepted the inheritance with benefit of inventory in institutional arbitration proceedings, intended to conclude with an award to resolve disputed matters between the...
The waiver of challenge to an arbitral award is equivalent to a waiver of action and results in the award becoming res judicata, producing immediate effect without requiring acceptance by...