RECENT INTERPRETATIVE DECISIONS OF THE SUPREME COURT OF CASSATION

INTERPRETATIVE DECISION 1/2023г., dated 21.02.2024 was issued in Interpretive Case No. 1/2023 according to the inventory of the General Assembly of the Commercial Division of the Supreme Court, which was initiated on the following issues raised in the proposal of the chairman of the Supreme Bar Council:

1. „Is the arbitral tribunal competent in the assignment of a claim to hear and decide disputes between the assignee of the claim and the debtor of that claim under an arbitration agreement/clause entered into between the assignor and the debtor?“
2. „For the conclusion of an arbitration agreement, which is part of the substantive contract, is the authorization to conclude this contract sufficient, or is an express authorization to conclude the arbitration agreement also necessary?“.

On the questions raised, the General Assembly of the Commercial Division of the Supreme Court decided:

The arbitral tribunal is competent, upon assignment of a claim, to hear and decide disputes between the assignee of the claim and the debtor of that claim pursuant to an arbitration agreement/clause entered into between the assignor and the debtor.

For the conclusion of an arbitration agreement, which is part of the substantive contract, the authorization to conclude this contract is sufficient, without the need for an express authorization to conclude the arbitration agreement.