Disregard of the arbitration clause | Appeal before the Supreme Court of Justice|
Case nr. 22574/16.4TB8LSB.L1.S1
08-11-2018
LINK DGSI
Summary:
I- The existence of an arbitral tribunal established by virtue of an arbitration clause is a determining factor in the absolute lack of jurisdiction of the court, pursuant to Article 96(b) of the Code of Civil Procedure.
II- It must be concluded that the special regime of appeal referred to in Article 629(2)(a) and the initial part of Article 671(3) of the Code of Civil Procedure refers solely and exclusively to cases of violation of the rules of jurisdiction on the grounds of nationality, subject matter and hierarchy, and does not apply when the disregard of an arbitral tribunal provided for in Article 96(b) is under discussion.
Summary kindly prepared by Avani Agarwal (final year law student at NALSAR University of Law, Hyderabad, India); Avani Agarwal may be contacted by email: avaniagarwal28@gmail.com