Keywords
Summary

Keywords

PROCEDURE - ACTION BROUGHT BEFORE THE COURT UNDER AN ARBITRATION CLAUSE - JURISDICTION TO HEAR AND DETERMINE A COUNTERCLAIM - BASIS - CONDITIONS

( ECSC TREATY , ART . 42 ; EEC TREATY , ART . 181 ; EAEC TREATY , ART . 153 )

Summary

ALTHOUGH UNDER AN ARBITRATION CLAUSE THE COURT IS CALLED UPON TO RESOLVE A DISPUTE IN ACCORDANCE WITH THE NATIONAL LAW GOVERNING THE CONTRACT , THE QUESTION WHETHER IT HAS JURISDICTION TO HEAR AND DETERMINE A COUNTERCLAIM AND TO CONSIDER WHETHER IT IS ADMISSIBLE MUST BE ASSESSED SOLELY IN THE LIGHT OF ARTICLE 42 OF THE ECSC TREATY , ARTICLE 181 OF THE EEC TREATY , ARTICLE 153 OF THE EAEC TREATY AND THE COURT ' S RULES OF PROCEDURE .

THE JURISDICTION OF THE COURT , WHERE IT IS BASED ON AN ARBITRATION CLAUSE , DEROGATES FROM THE ORDINARY RULES OF LAW AND MUST THEREFORE BE GIVEN A RESTRICTIVE INTERPRETATION . THE COURT MAY HEAR AND DETERMINE ONLY CLAIMS ARISING FROM THE CONTRACT CONTAINING THE ARBITRATION CLAUSE , WHICH WAS CONCLUDED WITH THE COMMUNITY , OR CLAIMS THAT ARE DIRECTLY CONNECTED WITH THE OBLIGATIONS ARISING FROM THAT CONTRACT .