DCC 228/2007

This case determines the extent to which an appeal in cassation may be filed against a judgment considered a public policy matter. A judgment issued regarding jurisdiction may only be appealed if the court has no jurisdiction over the case. A disputing party who insists on an arbitration clause should object in the first session to their adversary resorting to the courts, otherwise the court will continue the proceedings. This case considers the definition of a first session during which a disputing party will object to their adversary resorting to the courts. An arbitration clause will be considered invalid if the appellant's attorney appears before the Court of First Instance without objecting to the respondent resorting to the courts despite the arbitration clause's existence. The Court of Appeal's decision to respond to a respondent's request to cancel an appealed judgment ruling a lawsuit be rejected because an arbitration clause existed, will not be considered appealable by cassation.