Supreme Court, 20 July 2025, No. 20307
Legal Principle
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 Article 820, paragraph 4, of the Code of Civil Procedure, unless the parties or the regulations themselves have expressly provided otherwise, given the derogable but positive nature of the statutory provision establishing automatic extension of time in the cases contemplated therein.
The automatic extension of time for filing the award under Article 820, paragraph 4, of the Code of Civil Procedure does not preclude the application of discretionary extensions provided by the arbitration rules for justified reasons, these being distinct institutions operating on different levels: one automatic and by operation of law, the other subject to the assessment of the competent body according to the arbitral institution's regulations.
The silence of institutional arbitration rules regarding the applicability of automatic extensions under Article 820, paragraph 4, of the Code of Civil Procedure does not amount to the parties' contrary intention with respect to their operation, as derogation from such rules requires an express manifestation of intent, mere reference to other instances of extension of time for filing the award being insufficient.
Methodological Notes
standard