Supreme Court On Supplemental Agreement

18. prosince 2020 | Vít Zemčík | Nezařazené | Sdílet na Facebooku

The Supreme Court dismissed the appeal and found (2) that an arbitration agreement could effectively deal with future disputes; in such cases, it must determine the final legal relationship for which these disputes are resolved, but it is not necessary to refer to specific disputes. The Supreme Court added that an arbitration agreement did not extend its scope to disputes arising from a subsequent agreement between the same parties, even if the purpose relates to the original agreement. However, the Supreme Court held that such an extension takes place if the subsequent agreement is complementary and inseparable from the original agreement (which contains the compromise clause), since these are not separate agreements on related issues. … „Energy is bankrupt.“ 3. Subsequently, an endorsement of 29.10.2005 between the applicant and respondent 1, 5.1 and 5.2 of the agreement from 4 to 4.2002 was amended. In accordance with para 5.1 of the endorsement, the tariff has been amended, providing a slightly higher rate for the purchase of electricity by respondent 1.4. In accordance with the original agreement of 4 to 4 2002 and supported by the endorsement of 29.10.2005, the tariff, originally set in 2002 in accordance with paragraph 5.1, has been amended,… However, there is still no arbitration agreement in one or more of these related agreements; whereas other similar or related arbitration clauses will be included. Parties to the dispute can then initiate parallel litigation and arbitration. (d) The original agreement contains a compromise clause and the endorsement does not have a compromise clause, but provides that „all unmentioned cases are settled by the original agreement“ (a) Both agreements have identical arbitration clauses if the litigants choose arbitrations as a method of resolving disputes, they will conclude an arbitration agreement in advance. Although the arbitration process is subject to the agreement of the parties to the dispute, the parties may, in certain circumstances, continue to be the subject of legal challenges to a particular dispute.

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