DCC 87/2009

A trial court will have the power to amend provisions regarding the method of assigning arbitrators and their number as laid out in the arbitration clause. A new defence associated with a fact which was not previously brought before the trial court may not be brought for the first time before the Court of Cassation. A judgment rejecting a counter-claim where the annulment of an arbitrator's award is requested will be considered valid, as it was established the arbitrator was assigned by virtue of a judgment issued in the presence of the disputing parties and they prepared the arbitration document after it was signed by both parties' attorneys. Each partner will be considered a representative of other partners regarding the practice of the company's activities, unless otherwise stipulated by the law or by agreement. The Court of Cassation will have the power to rectify incorrect legal determinations without annulling the judgment.