Имуност арбитраже на политичке прилике
Arbitration Immunity Regarding Social and Political Circumstances

Author(s): Jelena M. Belović
Subject(s): Law, Constitution, Jurisprudence, Public Law, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: ICC; "Trepca" company; UNMIK Regulations; The Moratorium Decision; Amicus curiea; Insolvency;
Summary/Abstract: The Award of the International Chamber of Commerce (hereinafter:Arbitration) in the case No.16369/GZ from 27. April 2011, is interesting not only because of the fact that one of the actors is Trepca company engaged in mining and smelting, which is now re-registered as Trepca Enterprise under Kosovo Trust Agency Administration (founded by United Nations Mission In Kosovo Administration). Nonetheless, in this arbitral proceeding, there were more than one Respondent’s requests to point of lack of the Arbitration Jurisdiction on the ground of social and political circumstances.However, the Arbitration notes that it shares the modern view that state-owned or government-controlled enterprises must not be allowed to shield themselves against claims from creditors by involving public law induced impediments with a view to excusing themselves from not living up to their commercial commitments. There is one more interesting point in this case, since the public-law limitations derives not from a state, but from international community. As a matter of fact, there is a „hybrid“ model of public-law limitations, since some of limitations could be attributed to international community, and some of them plays role only on the local level.

• Details
• Contents