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Type of publication: Straipsnis kitose duomenų bazėse / Article in other databases (S4)
Field of Science: Teisė / Law (S001)
Author(s): Čerka, Paulius
Title: Arbitražinės išlygos galiojimo klausimai Lietuvos teismų jurisprudencijoje
Other Title: Issues of the validity of arbitration clause in the jurisprudence of Lithuanian courts
Is part of: International Journal of Baltic Law [Elektroninis išteklius]. Vytauto Didžiojo universitetas, Florida Coastal School of Law., Vol. 3, iss. 4 (2007)
Extent: p. 92-105
Date: 2007
Keywords: Arbitration clause;Validity of arbitration clause;Void and voidable arbitration agreements;Competence competence doctrine;Lithuanian jurisprudence
Abstract: Commercial disputes in Lithuania are currently most commonly adjudicated through the courts. However, arbitration has been continuously gaining popularity and trust among commercial entities, particularly in relation to international business transactions. A foreign or Lithuanian permanent arbitration institution (e.g. Vilnius Court of Commercial Arbitration) or ad hoc arbitration may be chosen for the settlement of disputes by inserting an arbitration clause in a contract or by concluding a separate arbitration agreement. In this article the validity of arbitration agreement in the courts judgment and practice is analyzed. The primary source of Lithuanian law regulating issues of both national and international commercial arbitration is the Law on Commercial Arbitration of the Republic of Lithuania (2 April 1996, No I-1274). An arbitration agreement is defined in the said Law as an agreement between the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, and which may be the subject matter of arbitral examination. An arbitration agreement must be executed in writing, but courts recognize that requirement of the written form is satisfied in cases where there is no written agreement, but parties exchange statements of claim and defense, in which the existence of an arbitration agreement is alleged by one party and is not denied by the other, or there is other written evidence confirming that the parties have concluded an arbitration agreement or recognize its existence. In article it is proved that Lithuanian courts recognize such doctrines as jurisdiction de jurisdiction (competence competence), arbitration agreement separability, in favor contractus. [...]
Affiliation(s): Vytauto Didžiojo universitetas
Appears in Collections:Universiteto mokslo publikacijos / University Research Publications

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