Arbitration Court in Serbia
Arbitration Court in SerbiaUpdated on Saturday 02nd February 2019
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The Permanent Arbitration at the Chamber of Commerce was the result of merging the Foreign Trade Court of Arbitration with the Permanent Court of Arbitration in Serbia in 2016. This important institution is in charge of solving the commercial and business disputes in Serbia, both local or international, in respect with the Arbitration Act 2006. Your business in Serbia can be represented by our specialized lawyers in arbitration in Serbia. Our team of advisors is also at the disposal of foreign entrepreneurs who want to invest in Serbia and need to understand the business requirements in this direction.
The Belgrade Arbitration Center
The Belgrade Arbitration Center or BAC as it is known is a recently established body, a permanent arbitration institution that assists in administrative and technical matters related to the local and international disputes. The purpose of this body is to determine the causes of a business dispute and to mediate it by providing a series of reconciliation methods for the parties involved.
What is the legislation for solving the disputes in Serbia?
The Arbitration Act 2006 is mostly based on the UNCITRAL 1985 (the United Nations Commission on International Trade) model law that stipulates a series of provisions observing the ways in which the commercial disputes are solved. The Arbitration Act 2006 is a very important set of laws applicable to domestic and international disputes where the parties must agree on the Serbian mediation. Here are a few facts you should know about the Arbitration Act 2006:
- • a business dispute can be solved through arbitration if the involved parties agree in this sense;
- • an arbitral court composed of arbitrators will be the place where the dispute is solved;
- • financial disputes concerning specific rights can be solved in the Arbitration Court;
- • ad hoc arbitration is permitted if the parties agree with a contract in this sense;
- • an arbitration agreement can be comprised by a contractual clause or as a separate contract which is presented in the court;
- • an arbitration arrangement can be invalid for certain dispute types and if it was concluded fraudulently;
- • it is good to know that an arbitration agreement can be settled after a business matter is presented in the court of law.
The provisions of the Arbitration Act 2006 are of high importance for all mediation cases in Serbia, therefore, legal advice is recommended. You can talk with our attorneys in Serbia in this matter.
Arbitrators in Serbia
Companies or parties involved in a commercial dispute which needs to be solved in an arbitration court have the right to agree on the numbers of arbitrators. Moreover, the mediators are appointed in respect with the Arbitration Act 2006 that mentions that all parties must agree on them within 30 days. In the case the parties involved in a commercial dispute do not agree with the chosen mediators, the court of law where the proceedings take place will have to appoint the arbitrators. As for the conditions of being an arbitrator, according to the Serbian laws, any natural person regardless of his/her nationality may be appointed as a mediator, as long as the parties involved in a commercial dispute agree in this sense. It is good to know that an arbitrator needs to be independent and impartial, with a clear criminal record and with the idea of acting in an efficient and conscious manner in the Arbitration Court in Serbia.
How does the mediation take place in Serbia?
An arbitration case starts when both parties present the case and the related dispute which needs to be solved. In most of the cases, companies are having business disputes referring to their operations on the market, if they respect the Antitrust Law, the Commercial Code, and the Company Act. It is important to know that in an international arbitration, the parties involved will have to agree on the applicable legislation, in the Serbian jurisdiction. It is good to know that the Arbitration Court in Serbia can determine the importance and the acceptability of the evidence presented in front of the authorities, as soon as both parties stated their position in the case. Proposals are offered in a mediation case, and more than that, the court accepts the hearing of the experts, inspectors or witnesses if it is the case. All documents of the case need to be presented as soon as the mediation commences.
We invite you to discuss with our advisors about the arbitration proceedings in Serbia and find out the needed legal advice in this matter. Please feel free to contact our law firm in Serbia and ask for complete information about how commercial disputes are solved in Serbia.