Albania
Special and General Jurisdiction (Decision of Albanian Supreme Court, Case No. 1637 of 9 March 2004)Decision of Albanian Supreme Court (Case No. 1588/69 of 10 February 2005), and Decision of the Same Court (Case No. 11243-00567-00-2006 of 26 September 2007)Arbitration Clause Excludes Jurisdiction of Court (Decision of Albanian Supreme Court, Case No. 3052/897 of 13 April 2005)Essential Terms of Arbitration Agreement; Invalidity of Arbitration Clause (Decision of Albanian Supreme Court, Case No. 2303/296 of 31 May 2005)Laws and Regulations Applicable to Enforcement of Foreign Arbitral Award; Time Limit for Commencement of Enforcement (Decision of Albanian Supreme Court, Case No.11242-00075-00-2005 of 21 December 2006)Scope of Arbitration Clause; Exclusion of Jurisdiction of Court; Related Contracts (Decision of Albanian Supreme Court, Case No. 11217-02125-00-2007 of 13 December 2007)Arbitration Clauses and Agreements on Choice of Foreign Court (Decision of Albanian Supreme Court, Case No. 11118-02384-00-2007 of 17 January 2008: Exclusion of Jurisdiction of Courts)
Czech Republic
Constitutional Court of Czech Republic Abandoned Strict Contractual Interpretation of Contract Theory of Arbitration. Is This on the Way towards a Modern Symbiosis between a Jurisdictional and Contractual Basis for Arbitration? (Judgment of Constitutional Court of Czech Republic, Case No. I ÚS 3227/07 of 8 March 2011)The Nexus between the Protection of Party Autonomy in Contracting Arbitration Agreements on the One Hand and the Protection of the Weaker Party (Consumer Protection) on the Other (Judgment II. ÚS 2164/10 of the Czech Constitutional Court of 1 November 2011)Ad Hoc Arbitration versus Proceedings before Permanent Arbitral Institutions (Resolution of the High Court in Prague, Case No. 12 Cmo 496/2008 of 28 May 2009)Arbitration Clause Harming “Weaker” Contracting Party; Permanent Arbitral Institutions versus “Ad hoc” Arbitrators (Resolution of SC CR [CZE], Case No. 31 Cdo 1945/2010 of 11 May 2011)Consumer Protection and Independent and Impartial Arbitration (Resolution of Constitutional Court of Czech Republic, Case No. II. ÚS 3057/10 of 5 October 2011)Admissibility of Settlement on Merits as Prerequisite for Arbitrability – Separability of Arbitration Agreement from Main Contract (Czech Supreme Court Judgment 29 Odo 1222/2005 of 19 December 2007)Scope of Arbitration Clause; Petition for Determination of (Ownership) Title to Real Estate (Resolution of Regional Court in Ostrava [CZE], Case No. 57 Co 150/2009-51 of 15 February 2010)Arbitrability of Disputes over Bills of Exchange and Promissory Notes (Czech Supreme Court Judgment 29 Cdo 1130/2011 of 31 May 2011):147
Poland
Limits to the Arbitration Clause: Issues of Operation of an Enterprise Limiting the Scope of an Arbitration Clause (Supreme Court (Sąd Najwyższy) Resolution Case No III CZP 36/11 as of 13 July 2011)Jurisdiction in Arbitral Proceedings: An Order Discontinuing the Proceedings before the Arbitration Court because of the Lack of a Valid Arbitration Clause; Arbitration Court Rules That It Lacks Jurisdiction in the Matter (Supreme Court (Sąd Najwyższy) Decision, Case No I CSK 231/10 as of 28 January 2011)Limits to the Arbitration Clause: Protection against the Defence that the Promissory Note Dispute Is Subject to an Arbitration Clause (Supreme Court (Sąd Najwyższy) Decision, Case No I CSK 112/10 as of 16 December 2010)
Romania
Arbitrability of Disputes from Contract on Joint Enterprise Association; Exclusion of Jurisdiction of Courts (Ploieşti Court of Appeal No. 61 of 19 January 2010)Post-hearing Petitions; Impossibility of Partial Annulment of Arbitral Award; Award Ultra Petita (Resolution of Supreme Court of Cassation (Chamber of Commerce) No. 1247/2010, Dossier No. 6136/2/2007 of 15 April 2010)
Slovak Republic
Termination of Enforcement of Arbitral Award Justified by Unfair Term in Consumer Contract (Resolution of Regional Court in Prešov [SVK], Case No. 17CoE/99/2010 of 15 February 2011)