Међународна арбитража у праву Европске уније
International arbitration under European Union law
Author(s): Ratomir AntonovićSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: arbitration; tribunal; decision; European Union law
Summary/Abstract: It is becoming more apparent in contemporary legal systems that alternate methods of adjudicating court cases are needed. The judiciary, especially in the countries in the transition process, was slow and inefficient, thus creating a particular legal deadlock in the resolution of disputed legal issues, while citizens felt the biggest consequences. International arbitrations are judicial procedures established according to similar principles as judicial procedures that take place before national courts. A significant difference between international arbitrations and national courts is reflected in the fact that the judicial duties in arbitrations are entrusted to private persons who have the status of arbitrators. The advantage of arbitration procedures is reflected in their speed and economy. Arbitration proceedings are often called hybrid because they combine elements of civil and general legal proceedings. In the European Union, arbitration remained outside its legal system. The idea of an arbitral tribunal has not been incorporated into European legislation. The national legislations of some European Union countries do not treat the possibility of settling legal disputes through arbitration, while others prescribe only certain disputes that can be submitted to arbitration, as well as the reasons for recognition, execution, and annulment of arbitration decisions.
Journal: Европско законодавство
- Issue Year: 22/2023
- Issue No: 81-82
- Page Range: 369-382
- Page Count: 14
- Language: Serbian