ПРИЗНАЊЕ И ИЗВРШЕЊЕ СТРАНИХ АРБИТРАЖНИХ ОДЛУКА У ТРГОВАЧКИМ СТВАРИМА
RECOGNITION AND EXECUTION OF FOREIGN ARBITRATIONAL DECISIONS IN COMMERCIAL MATTERS

Summary/Abstract: Two federal laws, passed recently, have established the rules for the recognition and execution of foreign arbitrational decisions in Yugoslavia. They are the Law on the Ratification of the United Nations Convention of 1958, and the Law on the Settlement of the Conflict Between Yugoslav Laws and the Laws of Foreign Countries in certain matters. The United Nations Convention of 1958 is only applied to foreign arbitrational decisions in commercial matters on the basis of the reserve from Article 1.3. of the that same Convention. Our own Law on the Conflict Between Laws, effective as of 1st January 1983, is only applied in those cases when the Convention cannot be applied. As to its substance, the Yugoslav Law on the Conflict Between Laws has, in general, taken up the provisions of the United Nations Convention of 1958, so that the regime is not basically different in regard to the conditions for the execution of foreign decisions. Regarding the application of the UNICITRAL Arbitration Rules in the Yugoslav courts of arbitration, decisions passed according to these rules are deemed to be Yugoslav arbitrational decisions, with the exception of the case when the parties have expressly excluded the possibility of application of Yugoslav arbitration law as a subsidiary source. Finally, the substance of the term „public order” (order public) in all corresponds to the standard concept of order public, used in the United Nations Convention, which is applied in Yugoslavia, and some other Yugoslav statutory provisions, although the Yugoslav Law on the Conflict Between Laws has used a new term.

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