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 challenge for nullity of an arbitral award pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, admitted exclusively for specific procedural...
The nullity of an arbitral award for internal contradiction pursuant to Article 829, n. 11, Code of Civil Procedure applies exclusively when the contradiction emerges between different components of the...
The validity of an arbitration clause for international arbitration must be verified by the court seised as a preliminary matter on the basis of the New York Convention of 1958,...
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...
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...
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 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....