Before any agreement or clause that would compel the parties to resolve through arbitration any controversy arising under a distribution contract granted pursuant to the present chapter may be invoked or made effective, it shall be an indispensable requirement before said controversy may be submitted to arbitration, at the request of any of the parties, that a court with jurisdiction in Puerto Rico determine that said clause or arbitration agreement was subscribed freely and voluntarily by both parties.There shall exist controvertible presumption that any arbitration agreement or clause contained in a distribution contract was included or subscribed at the request of the principal or grantor, and that any agreement or clause that compels the parties to resolve through arbitration any controversy arising under said contract is an adhesion contract to be interpreted and made effective as such.It is likewise provided that in case the parties have agreed to resolve through arbitration any controversy arising under a distribution contract, but have not specifically agreed upon an arbitrator, or upon an arbitration entity or forum, nor been able to come to an agreement as to said on any controversy arising under a distribution contract, but have not specifically agreed upon an arbitrator, or upon an arbitration entity or forum, nor been able to come to an agreement as to said arbitrator, entity or forum, it shall be a court with jurisdiction in Puerto Rico that shall determine or designate the arbitrator, entity or forum that shall adjudicate the controversies arising under said distribution contract. History —June 24, 1964, No. 75, p. 231, added as § 3C on Dec. 28, 2000, No. 448, § 1.
Puerto Rico Legal Code