Case Summary: Supreme Court (Commercial Circuit) Contestation 136/2005 (Waiver of Arbitration Clause by Denial of Contract)

The Supreme Court held that an arbitration clause is not a matter of public order and may be waived expressly or impliedly, but whether a party has in fact waived it is a question of fact for the trial court. A letter in which a party denies being bound by any agreement with the other side, and on that basis declines a proposal to arbitrate, does not amount to a waiver of the arbitration clause in that agreement.