FOREIGN ARBITRATION: THE JOINT SECTIONS OF THE COURT OF CASSATION AFFIRM THAT THE DEFENDANT’S FAILURE TO APPEAR IN THE COURT PROCEEDINGS IMPLIES ACCEPTANCE OF THE JURISDICTION AND OF THE WILL NOT TO AVAIL ITSELF OF THE ARBITRATION CLAUSE.
By order no. 17244 of 27th May 2022 the Joint Sections of the Court of Cassation clarified that the judge cannot declare on his own motion his lack of jurisdiction in the presence of an arbitration clause for foreign arbitration inserted in the contract between the parties, in the event that the contractual counterparty defendant is a defaulting party and, therefore, in the absence of an exception of arbitration raised by the latter.
