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Constitutional Court · 10-P

Constitutional Court: the foundation of arbitration

Why parties may submit a civil dispute to arbitrators of their choice.

Context

The Court examined arbitration of real-estate disputes and registration of rights. The resolution predates the 2015–2016 arbitration reform.

The position

Arbitration rests on the constitutional freedom to protect rights by lawful means and on freedom of contract. Arbitral tribunals are private-law bodies outside the State judiciary.

Connection with the stages

Party agreement is the starting point. The arbitrability of a particular dispute also depends on current legislation.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.