Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure...
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An institutional arbitration award possesses the nature of a judicial determination and constitutes a contractual derogation from the jurisdiction of the ordinary judge, producing from...
An arbitration clause (clausola compromissoria) contained in a preliminary contract for the sale of immovable property survives its non-reproduction in the final contract, being an...
The validity of an arbitration clause is subject to the specific written approval required by Article 1341 of the Civil Code solely when it is...
An arbitration clause providing for the reference of a dispute to a foreign arbitrator is void when the case concerns non-waivable rights, which include the...
An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the...
In matters concerning the recognition of foreign arbitral awards, the assessment of incompatibility with public policy must be interpreted restrictively, being limited to the fundamental...
An application for revocation of Court of Cassation judgments ordering remittal is admissible where the alleged revocatory error concerns a procedural defect arising from an...
An arbitration clause contained in a specific contract does not extend the derogation from the jurisdiction of the ordinary courts and the reference to arbitrators...
The registration tax due for the decree granting enforceability to an arbitral award constitutes the subject matter of a joint and several obligation borne by...