Determination of the competent arbitration in cases of defective arbitration clauses Arbitration, as known, has become a popular method of dispute resolution. However, in practice, during the contract formation, the arbitration may be indicated incorrectly. Such cases arise not only in local contracts but also in high-value cross-border transactions. As a result, similarly named arbitral institutions may deny jurisdiction if not clearly specified, while state courts reject claims due to the arbitration clause - leaving parties without effective legal protection. However, there is a solution... → |
