Supreme Court of Justice
Case Nr. 416/16.0YRLSB.S1
Where an arbitration agreement is an integral part of a contract, and that contract has not received necessary signature, the arbitration agreement is non-existent despite its autonomy.
- Where there is a breach of the rules of substantive jurisdiction, in particular of arbitral tribunals in relation to judicial tribunals, recourse to the Supreme Court of Justice on jurisdiction is always admissible.
- Since the arbitration agreement is an integral part of the contract of employment and since it has not been formally granted as legally required, the arbitration agreement is non-existent and not binding, despite the recognition of its autonomy.
- In the absence of an arbitration agreement, an arbitral tribunal has no material jurisdiction to hear the dispute.
This case summary was kindly prepared by Sameer Thakur (firstname.lastname@example.org, NALSAR University of Law), Rishabh Raheja, (email@example.com, NALSAR University of Law), and Abhishek Babbar (firstname.lastname@example.org).