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)

Rationes Decidendi:

An arbitration clause also covers any financial performance in connection with the rights and obligations (relationships) falling within the scope of the arbitration clause.
If a party files a motion with the court that is covered by a valid arbitration clause, Albanian courts must declare a lack of jurisdiction if the matter has not yet been heard before an arbitral tribunal or if the arbitral proceedings are still pending.
An arbitration clause in a contract, however, does not apply to other contracts that were entered into in connection with or following the contract, unless the related/ensuing contracts (in this case, a settlement
agreement) contain an arbitration clause, or unless the original arbitration clause explicitly presumed the application thereof to such other contracts.

keywords
jurisdiction of court
arbitration clause
contract for work
settlement agreemetn
related contracts
exclusion of jurisdiction of court
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz