Expenses incurred for initiating arbitral proceedings constitute recoverable consequential loss in cases of contractual breach by the counterparty, subject to proof of actual disbursement and where the arbitration was rendered...
The objection based on arbitration agreement has a procedural nature and constitutes a matter of jurisdiction, therefore it must be raised, on pain of forfeiture, in the first defensive pleading...
The arbitration clause contained in the articles of association, relating to disputes concerning corporate relationships, does not extend to disputes arising from shareholders' agreements lacking an arbitration clause, since disputes...
Where the parties have not determined in the arbitration agreement the procedural rules to be adopted, the arbitrators are free to regulate the structure of the proceedings in the manner...
In matters concerning opposition to a decree of enforceability of a foreign award, the territorial incompetence of the president of the court of appeal who issued the decree renders it...
In matters of arbitration, the contradiction referred to in art. 829, para. 1, no. 11, Code of Civil Procedure, for the purpose of allowing challenge for nullity of the award,...
Regarding nullity of arbitral awards for violation of rules on the appointment of arbitrators, the objection may be raised pursuant to Article 829, paragraph 2, of the Code of Civil...
The decree of enforceability of the arbitral award, pronounced pursuant to art. 825 of the Code of Civil Procedure, has a merely declaratory nature and is limited to verifying the...
The presence of a general arbitration clause in a contract does not automatically deprive the ordinary court of jurisdiction if the defendant does not raise the objection of lack of...
The statutory arbitration clause of an association, which refers disputes between members and between members and the association to arbitrators, precludes the jurisdiction of the ordinary court over such disputes,...
A foreign arbitral award, once recognised and having acquired enforceability on national territory by decree of the competent court of appeal pursuant to Article 839 of the Code of Civil...
The formal regularity review of the award provided for by art. 825 of the Code of Civil Procedure for the purposes of granting enforceability is limited to verifying compliance with...