I. The proceedings are discontinued.
II. Neither party shall be entitled to compensation of the costs of the proceedings.
- the defendant fails to raise the plea of the arbitration agreement upon its first act in the matter at the latest (i.e. either the defendant raises the same later or does not raise it at all, as was the case in the matter in which the final and conclusive judgment referred above was issued); and/or
- the parties do not insist on the arbitration agreement ("however, the matter shall be heard if the parties declare that they do not insist on the agreement", cf. again Section 106(1) of the CPC).