Arbitražno pravo država u regionu zapadnog Balkana
Arbitration Law of the States in the Western Balkan Region

Author(s): Katarina Jovičić
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: arbitration; source of law; arbitration tribunal; arbitrators; arbitral proceeding; arbitral award; judicial review of arbitral awards
Summary/Abstract: In this paper laws regulating arbitration in Serbia, Croatia, Macedonia, Montenegro and Federation of Bosnia and Herzegovina and Republika Srpska were analyzed and presented. Above listed countries were member states of the former Federal Republic of Yugoslavia and their arbitration rules and procedures were regulated by Civil Procedure Law which has been applied as a federal regulation. Nowadays, those countries have their own national laws regulating arbitration and arbitration proceeding. Within the first part of this article national sources of arbitration law were presented and in relation to them two different legislative techniques were recognized. Those two legislative techniques are the following: the first is applied both in Serbian and in Croatian legal system where all the relevant rules were comprehensively prescribed within a specific law regulating arbitration; the second is applied in other legal systems where rules on arbitration are prescribed by general law regulating civil procedure. The central part of this article is dedicated to comparative analysis and evaluation of quality of the particular legal norms which are dealing with the following issues related to arbitration procedure: arbitrability; when the arbitration is international; arbitral agreement; arbitrators and arbitration tribunal; arbitral jurisdiction; rules of arbitral proceeding; arbitral award and judicial review of arbitral awards. The review of relevant regulations of Western Balkan Region showed that previously listed issues are regulated in two different ways within national legislation. Within the first group of countries are the ones whose national legislation is based on the principles promoted by UNCITRAL Model Law on Arbitration. The second group comprises states and their national legislation which kept, with minimal amendments and novelties, rules previously prescribed by Civil Procedure Law of the former Federal Republic of Yugoslavia. The states representing the first group are Serbia, Croatia and Montenegro, as well as Macedonia regarding legal norms regulating international trade arbitration. Within second group of states are Federation of Bosnia and Herzegovina and Republika Srpska and partly Macedonia, taking into consideration Macedonian rules on national arbitration. The conclusion of this article presented opinion that the states from the first group established good legal and institutional conditions for development and promotion of arbitration, while the states form the second group haven’t recognized a need for changes in that field, despite doubtless international success of arbitration as a legal institution.

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