ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law governing the contract, the question whether it has jurisdiction to hear and determine a counterclaim and to consider whether it is admissible must be assessed solely in the light of article 42 of the ECSC treaty, article 181 of the EEC treaty, article 153 of the EAEC treaty and the court ‘ s rules of procedure. The jurisdiction of the court, where it is based on an arbitration clause, derogates from the ordinary rules of law and must therefore be given a restrictive interpretation. The court may hear and determine only claims arising from the contract containing the arbitration clause, which was concluded with the community, or claims that are directly connected with the obligations arising from that contract.
Citations:
C-426/85, [1986] EUECJ C-426/85
Links:
Jurisdiction:
European
Arbitration
Updated: 15 October 2022; Ref: scu.134309