Arbitrations and Unfair Terms

Arbitrations - Original Basis of Jurisdiction Defective
Mostaza Claro v Centro Móvil C-168/05
ECJ
26 October 2006
Daily Law Notes Summary
A court considering an application for annulment of an
arbitration award was obliged by Directive 93/13 on unfair terms
in consumer contracts to determine whether the agreement was void
and to annul the award where the agreement contained an unfair
term, even if the consumer had not pleaded that invalidity in the
course of the arbitration proceedings.