Order No. 16071 of 2024 from the Court of Cassation clarifies the issue of the referral of disputes to arbitrators and its impact on state jurisdiction, providing crucial insights for the understanding of the arbitration agreement.
In this article, we analyze Order No. 15861 of 2024, which clarifies the conditions for the validity of 'by reference' arbitration clauses in foreign arbitrations, highlighting the importance of written form and express reference.