Those seeking to resolve a dispute by arbitration in the Republic of Serbia are at liberty to select the rules for conducting arbitration or refer their case to centers specializing in peaceful settlement of disputes in the Republic of Serbia. If a dispute is international, parties are allowed to select foreign laws under which it will be settled. If parties have no objections, arbitrators will apply the rules that they deem appropriate.
If arbitration agreements contain no provisions regarding the numerical composition of arbitral courts, it'll be determined pursuant to the rules of an arbitration institution selected by parties.
If a case is to be tried by a single arbitrator, his appointment must be agreed by parties. If parties fail to reach an agreement within a month, an arbitrator will be appointed by an institution selected by parties (i.e. a court).
If a case is to be tried by a panel of 3 arbitrators, each party is to appoint one arbitrator. If no arbitrator is appointed, it’s appointed by a relevantly authorized authority (i.e. a court). Appealing a court decision is disallowed.
Arbitrators may be deemed unfit for their position if
- parties are unsure about their impartiality or independence;
- if they don’t meet criteria established by parties.
An application for replacement of an arbitrator is accepted within 2 weeks from the date parties were informed of their appointment.
Adjudicators responsible for resolving a dispute through arbitration in the Republic of Serbia are appointed regardless of their nationality or gender. Before being appointed, arbitrators must inform parties of the facts capable of raising doubts about their impartiality or independence. List of individuals capable of settling disputes through arbitration in the Republic of Serbia are provided by specialized centers.
If arbitration agreements aren’t concluded in written form, they’re deemed invalid. By signing an arbitration agreement in the Republic of Serbia, parties & arbitrators render it legal. Conclusion of an arbitration agreement in the People’s Republic of Serbia can be confirmed by providing messages in which parties discuss their intentions.
Courts can make decisions on application of interim relief, regardless of whether an arbitration was held in the Republic of Serbia or another country. Courts can also assist in presentation of evidence. This evidence is deemed to have the same legal force as any other pieces of evidence submitted to arbitrators or their deputies.
If parties agree to it, ad hoc or permanent arbitral tribunals may deposit the final award with a court so that the latter issue it to parties.
Arbitrators deliver awards in the form of a written opinion. Tribunals may issue separate awards for different disputes or for cross-claims.
Awards are delivered after all arbitrators have reviewed a case. An award must be approved by the majority of arbitrators.
Arbitrators have 180 days to resolve a dispute by arbitration in the Republic of Serbia.
However, this period may be extended at the request of parties, court or other competent authority. Arbitration agreements must be concluded within a month after the last hearing.
Considering resolving a dispute by arbitration in the People’s Republic of Serbia? Need advice on arbitration regulation in the Republic of Serbia? Why not contact IQ Decision UK?