Case Summary: Supreme Court (Commercial Circuit B) Contestation 404/2018 (Waiver of Arbitration Clause by Pleading on the Merits)

The Supreme Court held that an arbitration clause does not relate to public order, and a court cannot raise it on its own motion. A party must raise the arbitration defence before submitting any substantive defence on the merits of the case. Entering into the merits of the dispute before raising the arbitration clause constitutes an implicit waiver of the right to rely on it.