The question concerning the existence or otherwise of an arbitration agreement between the parties constitutes a matter of jurisdiction and not of subject-matter jurisdiction, with the consequence that, on appeal,...
An arbitration clause which refers to an arbitral tribunal disputes relating to the contract, with express exclusion of those concerning rent and sums agreed between the parties, determines the jurisdiction...
An arbitration clause contained in the articles of association of a partnership, which submits to arbitrators disputes between partners relating to the interpretation and application of the articles of association,...
In arbitration proceedings where a company is a respondent or necessary co-party and there exists a conflict of interest between the company and its representative bodies, the competent court may...
The presence of an arbitration clause providing for international arbitration in the contract which is the subject matter of the proceedings raises a question of jurisdiction which may be raised...
The failure to pay the advances due to the arbitral tribunal, which results in a declaration of termination of the arbitration proceedings, causes the binding effect of the arbitration agreement...
Arbitration proceedings conducted between the client and the contractor do not produce effects interrupting the limitation period in relation to the works supervisor, even though the latter may be called...
With regard to institutional arbitration, for the purposes of establishing the defect of failure to rule pursuant to Article 829, paragraph 1, No. 12, of the Code of Civil Procedure,...
Where an arbitration clause refers disputes to international arbitration, the interim measures jurisdiction of the State court remains where the arbitration agreement does not expressly confer upon the arbitrators the...
A judge called upon to ascertain the subject matter and limits of res judicata arising from an arbitral award cannot confine himself to considering the operative part alone, but must...
A letter of request originating from a foreign arbitral tribunal is capable of enforcement in the domestic legal system pursuant to Article 69 of Law No. 218/1995, provided that its...
The objection of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the arbitration clause contained in the special conditions of contract, must be...