This is undoubtedly a great achievement.
The High Court determined that the defendant was aware of the practice, as it was generally and regularly followed when making bookings with online travel agents and with airlines, and that it may be considered a consolidated practice.
Air France, supra note 20; Ghanotakis, supra note 20; teleMates, supra note 21; Bundesgerichtshof, 27 March 2003, supra note 23; Oberlandesgericht, 4 September 2003, supra note 23.
S L Schwarcz, Debt Restructuring Options, p.
This ruling is essential insofar as it reinforces the legal status of the arbitration rules and the underlying principles of predictability and certainty.
This solution is also in accordance with Article 1466 of the same Code, which provides that the party, who knowingly and without lawful reason fails to invoke timely any irregularity before the arbitral tribunal, is deemed to have waived their right.