Arbitration Agreement Slovenia

by admin on September 11th, 2021

6.6.2 If the claimant does not identify an appeal under the agreement of the parties or the provisions of the Slovenian Arbitration Act, the arbitral tribunal should terminate the proceedings. Ibid., chap. 5, article 29, paragraph 1. The ECJ has stated that it is within the competence of each member state to set its limits in accordance with international law. Consequently, it is not within its competence to examine the extent and limits of the respective territories of Slovenia and Croatia by directly applying the limit set out in the arbitral award in order to verify the existence of the alleged breaches of EU law. However, the ECJ reminded Slovenia and Croatia of their commitment to “sincerely strive for a definitive legal solution in accordance with international law, as proposed in the Act of Accession of Croatia to the EU”, which guarantees the application of EU law. Such a possibility could be a referral “to the Court under a special agreement under Article 273 TFEU” (ยง107, 109). 2.2.1 The structure of the Slovenian Arbitration Act follows the Model Law (1985). Chapter I of the Slovenian Arbitration Act contains general provisions on the scope of the Act and the service of proceedings.

Chapter II deals with the arbitration agreement itself. The composition of the arbitral tribunal and the challenge of the arbitrators are defined in chapter III. The jurisdiction of the arbitral tribunal is dealt with in chapter IV. Chapters V and VI lay down the provisions relating to the organization and enforcement of arbitration and the marriage of the arbitral award. Chapter VII deals with possible remedies against an arbitral award. Chapter VIII deals with the recognition and execution of foreign distinctions. Chapters IX and X contain specific provisions on consumer and employment issues. Arbitration is a well-established option for resolving disputes in Slovenia and in recent years we have seen an increase in the number of disputes settled through arbitration. However, court proceedings remain the preferred option for most parties.

Very few arbitral awards are challenged in Slovenian courts, as the grounds for the annulment of arbitral awards are interpreted very narrowly. 3.1.2 An arbitration agreement may either be entered into by a separate agreement or included in a contract as an arbitration clause. In both cases, it must clearly express the intention of both parties to submit the dispute in question to arbitration. 7 Ibid. Although Croatia has indeed informed Slovenia that it is no longer participating in the arbitration, it should be noted that only the arbitral tribunal has jurisdiction over procedural matters such as the termination of an arbitration agreement or arbitration as a whole. . . .

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