THE DETERMINATION OF “UNENFORCEABLE ARBITRATION AGREEMENTS” IN JUDICIAL PRACTICE

Abstract

In principle, when the parties in a contractual relationship have signed a binding arbitration agreement, in case of a dispute, if either party files a lawsuit with the Court, the Court will refuse to accept the case, with the exception of invalid or unenforceable arbitration agreements. In practice, the application of law to determine an unenforceable arbitration agreement still has many different views leading to the incorrect determination of the competent authority in dispute resolution. The article analyses a case that has been resolved in practice for readers to exchange and comment.