Scrisoare de garanţie corporativă. Invocarea clauzei compromisorii. Condiţii de admisibilitate din perspectiva principiului accesorium sequitur principale

Corporate letter of guarantee. Invoking the arbitration clause. Admissibility conditions in terms of accesorium sequitur principale

Abstract

The accesorium sequitur principale principle represents the rule of law according to which the ancillary agreement follows the legal fate of the main agreement, as meaning that, in case the latter is terminated, the ancillary legal document has the same fate.

If the litigants did not conclude an arbitration agreement under which they had agreed that the litigations related to the enforcement of a corporate letter of guarantee should be settled by arbitration, the arbitration clause introduced in the content of certain lease and management agreements concluded by any of the two parties with a third party, is not applicable to them, since there is no rule of law according to which the provisions laid...