Challenges and perspectives of arbitration in South East and Central Europe – Serbia

Vukadinović Marković, Jelena (2024) Challenges and perspectives of arbitration in South East and Central Europe – Serbia. Strani pravni život, 68 (4). pp. 557-574. ISSN 0039-2138

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Abstract

With the adoption of the Law on Arbitration in 2006 (hereinafter referred to as the LA), Serbia has joined the ranks of the countries that have provided for the issue of arbitration in a modern and comprehensive manner. However, over the course of almost two decades of application of this Law, certain ambiguities and lack of clarity have come to surface. This paper aims to addresses only a number of those, focusing on the arbitration agreement, arbitrability, and the appointment of the arbitral tribunal. The author starts from the assumption that fundamental solutions and dilemmas of arbitral decision-making are centred around the issue of arbitrability, and therefore attaches central importance in this paper to the said issue. The author acknowledges the flexibility of the solutions adopted in the Law, nevertheless advocating for an even broader interpretation and extension of the concept of arbitrability to include the so-called grey area disputes.

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