ПРОШИРЕЊЕ ДЕЈСТВА АРБИТРАЖНОГ СПОРАЗУМА
EXTENDING THE SCOPE OF ARBITRATION AGREEMENT

Summary/Abstract: The scope of arbitration agreement is limited both in subjective and objective sense. Namely, the jurisdiction of arbitration tribunal refers only to disputes covered by arbitration agreement, arising between the parties thereof. However, under certain circumstances, the effects of the agreement can be extended to issues and subject not encompassed thereby. This paper examines the grounds for expanding the reach of arbitration agreement, emphasizing the consensual nature of arbitration. The author makes an effort to determine the conditions under which arbitration agreement may affect non-signatories, and to identify the situations in which arbitration tribunal may rule on issues not covered thereby. Through the in-depth analysis of different legal concepts and institutes that belong to different legal systems, this paper attempts to synthesize the common principles applicable in all situations in which the questions of expanding the scope of arbitration agreement may arise.

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