28/10/1952

CIVIL COURT, FIRST HALL

MAGRI ALBERT J.

EDWARD RIZZO PR. ET NE. vs MAJOR ARTHUR D. ABBOTT PR. ET NE.

N/A

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N/A

ARBITRATION - JURISDICTION - RENUNCIATION

An arbitration agreement entails want of jurisdiction in the Court. But if the arbitration clause affects onlu the private interests and rights of the parties, each of them may renounce that clause either expressly or tacitly. In the present case, it was held by the Court that, in the way the case was contested by defendant, he could no longer, at the last stage of the proceedings, raise the pleaof want of jurisdiction of the Court, and so disturb the terms of litigation at that stage. The parties, binding themselves to abide by the decision of an arbitrator, remain always entitled to disputehis decision, when this is against the fundamental principles of justice, as in the case of fraud,or obvious and substantial error, or on any ground on which a contract may be rescinded or annulledaccording to law.