The article “Subjective Scope of Domestic Arbitral Award” by our Partner and Head of Dispute Resolution, Jovana Veličković, was published in the latest edition of the eminent publication Law and Economy of the Business Lawyers Association of Serbia. We bring here a summary of the article: Summary: Based on Article 64 par 1 of the Arbitration Act, the domestic arbitration award can legally affect only the parties and their legal successors (singular and universal). In relation to third parties, the award can affect only if the nature of the subject matter of the dispute requires it (effect erga omnes) or […]
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Do experts in arbitration and court proceedings help tribunals in making decisions or they are just instruments a party? Experts in arbitration and court proceedings have the task of assisting arbitrators and judges, in connection with complex issues related to a particular field. These experts possess specialized knowledge in various fields and help the arbitral tribunal and judges to better understand the problem that is being adjudicated. Experts make an exceptional contribution to the accurate assessment of the facts of the case since the tribunal itself often does not have the necessary expertise in a certain field. Even in the […]
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Natural persons and companies in Serbia have a large number of disputes, covering all areas of business and legal life, including disputes over intellectual property rights. Resolution of these disputes is usually sought in court, however, there are also alternative solutions. As an alternative dispute resolution mechanism, arbitration could resolve disputes more quickly, in a more efficient way, and at a lower cost, compared to a resolution sought in courts. Prompt resolution of disputes before the arbitration is possible thanks to electronic correspondence, strict deadlines, and the limited number of hearings through which a resolution can be achieved so that […]
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Defining arbitration There is no universally accepted definition of arbitration as a way of resolving disputes. Attempts have been made to define it, albeit unsuccessfully. Defining it is mission impossible owing to its multifaceted characteristics, and is only exacerbated by the existence of domestic, and international arbitration. Primarily, to grasp the essence of arbitration, it should be noted that this is an alternative mechanism of resolving disputes, therefore, without recourse to courts of law. The parties at odds can go to court and initiate litigation. Alternatively, arbitration is another avenue for settling the dispute. Arbitration is not only reserved for […]
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