Judgment_paragraph 26 · Marc Rich & Co. AG v Società Italiana Impianti PA (C-190/89)

26Those interpretations cannot be accepted. In order to determine whether a dispute falls within the scope of the Convention, reference must be made solely to the subject-matter of the dispute. If, by virtue of its subject-matter, such as the appointment of an arbitrator, a dispute falls outside the scope of the Convention, the existence of a preliminary issue which the court must resolve in order to determine the dispute cannot, whatever that issue may be, justify application of the Convention.

Marc Rich & Co. AG v Società Italiana Impianti PA (C-190/89)

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