- Chapter I BASIC PROVISIONS
- Subject Article 1
- Area of Application Article 2
- International Arbitration Article 3
- Grounds for Arbitration Article 4
- Suitability of a Dispute for Arbitration (Arbitrariness) Article 5
- Organisation of Arbitration Article 6
- The Role of the Court Article 7
- Application of the International Agreements Article 8
- Chapter II AGREEMENT ON ARBITRATION
- Chapter III ARBITRATION COURT
- Chapter IV ARBITRATORS
- Eligibility for Arbitrator Article 19
- Accepting to Take up Duties of an Arbitrator Article 20
- Responsibility of Arbitrator to Inform the Parties about Essential Facts Article 21
- Performance of Duties Article 22
- Reasons for Disqualification of an Arbitrator Article 23
- Disqualification Procedure Article 24
- Arbitrator’s Termination of Duty Article 25
- Nomination of a New Arbitrator Article 26
- Chapter V COMPETENCE OF THE ARBITRATION COURT
- Chapter VI PROCEEDINGS BEFORE THE ARBITRATION COURT
- Determining Procedural Rules Article 32
- Essential Procedural Principles Article 33
- Place of Arbitration Article 34
- Language Article 35
- Charges and Answer to Charges Article 36
- Countercharge Article 37
- Commencement of the Arbitral Proceedings Article 38
- Hearing and Written Proceedings Article 39
- Mandatory Information Article 40
- Manner of Delivery and Receiving Papers Article 41
- Consequences of Error Article 42
- Loss of Right to Object Article 43
- Witnesses Article 44
- Expert Witnesses Article 45
- Assistance of the Court in Deducing Evidence Article 46
- Conclusion of the Arbitral Proceedings Article 47
- Chapter VII ARBITRAL DECISION
- Decisions Article 48
- Decision Based on Right or Fairness Article 49
- Competent Right Article 50
- Passing Decision Article 51
- Separate Opinion by an Arbitrator Article 52
- Content of an Arbitral Decision Article 53
- Decision Based on Settlement Article 54
- Forwarding Article 55
- Amendments, Interpretations, and Supplements to Decisions Article 56
- Chapter VIII ABROGATION OF AN ARBITRAL DECISION
- Pressing Charges for Abrogation Article 57
- Reasons for Abrogation Article 58
- Time Period for Pressing Charges for Abrogation Article 59
- Interruption of the Proceedings Based on Charges for Abrogation Article 60
- Application of the Rules on Civil Proceedings Article 61
- Waiver of Right to Press Charges in Advance Article 62
- Arbitration Proceedings upon the Abrogation of a Decision Article 63
- Chapter IX ACKNOWLEDGEMENT AND EXECUTION OF ARBITRAL DECISIONS
- Chapter X CLOSING PROVISIONS
REPUBLIC OF SERBIA Ministry of Justice
Published in: "Official Gazette of the Republic of Serbia" No. 46/06
Prepared by Jugoslovenski pregled /Yugoslav Survey
Belgrade, 2008
Note: This is a true translation of the original Law
Original title: ZAKON O ARBITRAŽI „Službeni glasnik Republike Srbije” br. 46/06
Translation date: February 2008.
Prepared by: Javna ustanova / Public Agency Jugoslovenski pregled /Yugoslav Survey Dečanska 8, Beograd; Phone/Fax: + 381 11 / 32 33 610, 32 32 295; 32 41 953, 32 40 291; P.O.B. 677 www.pregledrs.com • www.yusurvey.co.yu • email: info@yusurvey.co.yu
BASIC PROVISIONS
Subject
Article 1
This Law regulates an arbitral resolution of disputes (hereinafter: arbitration) without a foreign element (hereinafter: internal arbitration) and disputes with a foreign element (hereinafter: international arbitration).
Area of Application
Article 2
The provisions of this Law are applied to arbitration and arbitral procedure when the place of
arbitration is in the territory of the Republic of Serbia (hereinafter: Republic). The parties may envisage otherwise in case of the international arbitration. The provisions of this Law, their application which may not be excluded by the parties, must be
adhered to when the place of arbitration is in the Republic.
International Arbitration
Article 3
International arbitration, pursuant to this Law, is such kind of arbitration, which has for its subject the disputes in the sphere of international business relations, notably in case when: 1) the parties at the time of concluding the agreement on arbitration have their main offices in different countries;
2) outside the country in which the parties have their main offices is the place: a) of arbitration, if so set out in the agreement on arbitration or as based thereon, or b) where a significant part of commitments from a business cooperation is to be
carried out or a place that the subject of a dispute has been most closely tied with; 3) the parties have expressly agreed that the subject of the agreement on arbitration is linked with several countries. If one of the parties does not have main office, regular residence thereof shall be taken into account for the party concerned.
Grounds for Arbitration
Article 4
A dispute may be resolved through arbitration only as agreed by the parties concerned. A dispute for which arbitration is agreed upon shall be resolved by an arbitration court, consisting of the arbitrators.
Suitability of a Dispute for Arbitration (Arbitrariness)
Article 5
Arbitration may be agreed to resolve property disputes regarding the rights exercised freely by the parties concerned, save the disputes for which an exclusive competence of the court is set out.
Any physical or legal entity may agree arbitration, including the state, its authorities, institutions, and enterprises, in which it has its ownership share.
Arbitration may be agreed by anyone who, pursuant to the provisions of the law regulating the civil proceedings, is eligible to be a party in a procedure.
Organisation of Arbitration
Article 6
Arbitral resolution of disputes shall be organised by a permanent arbitration institution, pursuant to its rules and this Law, when this is envisaged by the agreement between the parties.
Permanent arbitration institutions may establish commercial chambers, professional and trade associations, citizens’ associations pursuant to their founding act and this Law, if this is in line with their industry.
The parties may agree on ad hoc arbitration, which is organized pursuant to the agreement between the parties and this Law.
The Role of the Court
Article 7
State court (hereinafter: Court) may, as regards arbitration, undertake only those activities expressly set out by this Law.
Application of the International Agreements
Article 8
The application of this Law shall be without prejudice to the application of a ratified international agreement.
Chapter II AGREEMENT ON ARBITRATION
Meaning
Article 9
By agreement on arbitration, the parties take to an arbitration court for resolution of their future disputes or disputes arising from a certain legal relation.
Agreement on arbitration for resolution of future disputes may be contained in a contractual stipulation (hereinafter: arbitration clause) or in a separate contract.
Null and Void
Article 10
Agreement on arbitration is null and void if:
1) Types of disputes that it pertains to are not suitable for arbitration;
2) It is not concluded in a form set out by this Law; 3) The parties did not have capacity or eligibility to conclude it, or
4) It is concluded as a result of pressure, threat, fraud, or error.
Agreement on arbitration does not produce effects as regards resolution of a dispute which is not eligible for arbitration.
Subsequent Agreement
Article 11
Agreement on arbitration may be concluded even if a dispute, which has arisen, has been brought to court for resolution.
Form
Article 12
Agreement on arbitration must be concluded in writing.
Agreement on arbitration is concluded in writing if contained in the documents, which the parties have signed.
Agreement on arbitration is considered to be concluded in writing if it is concluded by exchanging messages via communication means, providing a written proof of an agreement between the parties, such messages having been signed notwithstanding.
Agreement on arbitration is also considered to be concluded if the parties in a written contract refer to another paper containing the agreement on arbitration (general requirements for concluding legal business, text of another contract, etc) if the purpose of such reference is to make the agreement on arbitration an integral part of the contract.
Agreement on arbitration is also considered to be in place if the plaintiff initiates arbitral proceedings in writing, while the defendant expressly accepts the arbitration and consents to it in writing or in a statement recorded in a hearing, as well as if the latter takes part in the arbitral procedure and to the point when proceedings pertaining to subject matter of a dispute start does not present an objection that there is no agreement on arbitration, i.e. does not challenge the competence of the arbitration court.
Transfer
Article 13
Agreement on arbitration shall remain in force even in case of a transfer (cession) of an agreement or outstanding debts, unless otherwise agreed. Agreement on arbitration shall remain in effect in case of a subrogation, unless otherwise agreed.
Provisions of paragraphs 1 and 2 of this Article shall be applicable to other cases pertaining to transfer of outstanding debts as well, unless otherwise agreed.
Pressing Charges
Article 14
The court where charges are filed in a matter being a subject of the agreement on arbitration is declared incompetent and rejects the charges upon the objection by a party, which must be submitted before such time when proceedings pertaining to subject matter of a dispute start, unless it determines that the agreement on arbitration is evidently null and void, being without effect, or that it is impossible to execute.
Provisional Measures Article 15
Before starting an arbitral proceeding or in the course of such proceeding, every party may submit a request to the court to impose provisional measures and the court may determine such measures. The provision of paragraph 1 of this Article shall be applied even when the agreement on arbitration pertains to such arbitration taking place in another country.
ARBITRATION COURT
Composition
Article 16
The number of arbitrators in the arbitration court shall be determined by the parties.
The arbitration court comprises one arbitrator (single arbitrator) or three, i.e. several arbitrators (arbitration chamber). If the agreement on arbitration envisages several arbitrators, the number thereof must be an odd number.
Should the parties not determine the number of arbitrators, the number thereof shall be determined by the person or institution that the parties have agreed to designate (hereinafter: nomination body), and if there is no nomination body or it does not do so, the number of arbitrators shall be determined by a competent court.
If the arbitration is organised by a permanent arbitration institution, the latter shall carry out duties of the nomination body.
Nomination of the Arbitrators
Article 17
Parties may agree on the nomination procedure for the arbitrators, and if this is not envisaged by the agreement, the arbitrators are nominated pursuant to this Law.
If the dispute is to be resolved by a single arbitrator, the latter is nominated as agreed by the parties in the period of 30 days from the day when one party has invited another party to jointly nominate the arbitrator. If there is no such agreement, the nomination is done by the nomination body, and if there is no such body or it does not do so, nomination is done by a competent court.
If the dispute is to be resolved by three arbitrators, each party nominates one arbitrator in the period of 30 days from the day when another party has invited it to do so. If the invited party fails to do so, the arbitrator is nominated by nomination body appointed by the parties, and if there is no such body or it fails to do so, nomination is done by a competent court. The third arbitrator presiding over the arbitration court (hereinafter: Presiding Arbitrator or Presiding Arbitrator of the Arbitration Court) is chosen by the nominated arbitrators in the period of 30 days from the day of their own nomination. Should they fail to do so, the nomination is done by the nomination body, and if there is no such body or it fails to do so, nomination is done by a competent court.
Against the court decision nominating an arbitrator there may be no appeal.
Arbitration Costs
Article 18
The parties incur arbitration costs.
The amount of the costs from paragraph 1 of this Article is determined by an arbitration court.
The parties are obliged to pay in advance the costs from paragraph 1 of this Article at the request by the arbitration court.
Permanent arbitral institution determines the costs of arbitration by itself as well as the far riff for such costs.
Chapter IV ARBITRATORS
Eligibility for Arbitrator
Article 19
An arbitrator may be any one physical entity having professional competence, the citizenship notwithstanding.
An arbitrator must have capacity as agreed by the parties.
An arbitrator must be impartial and independent with regard to the parties and the matter in dispute.
An arbitrator may not be a person sentenced to a nonsuspended prison sentence, while the consequences of the sentence are having effect.
Accepting to Take up Duties of an Arbitrator
Article 20 The Arbitrator makes a written statement about accepting to take up duties of an Arbitrator.
LAW ON ARBITRATION
LAW ON ARBITRATION
Chapter I
Chapter III