Arbitration agreements

The lawyers of our team defended the interest of a company acting in the real estate sector. The applicant challenged our represented firm’s manager’s decision in the court. The first instance court left the action unexamined because previously the parties had entered into an agreement to settle disputes in arbitration. Then the applicants appealed to the court asking it to explain which arbitration institution they should apply. The court rejected this request, so the applicants filed a separate complaint.

Our team argued that the courts have no right to interpret the content of the contracts. The court dismissed the separate complaint. It was noted that courts have no right to explain to the parties which arbitration they must apply because it is not a matter of trial. Otherwise, it would breach the principle of freedom of contract. In the decision it was also explained that courts are forbidden to change the order of content.