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Serbia - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Tijana Kojović
Page Count: 
100 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Serbia
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Removal and Resignation of Arbitrators,
Challenge of Arbitrators,
Arbitrability,
Applicable Law,
Arbitral Awards,
Amendments and Rectification,
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Separability,
Costs and Damages,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
Parties,
Multiple Parties,
Third Parties in Arbitral Proceedings,
Evidence,
National Legislation,
New York Convention,
UNCITRAL Model Law,
Designation of Arbitrators
Author Detail: 

Tijana Kojović LL.M., S.J.D. (Serbia) is a partner in the Law Office Kojović in Belgrade, Serbia. Before establishing her own law firm, Ms. Kojović was an associate in the Budapest office of Allen & Overy and in the Belgrade office of Wolf Theiss. An excerpt from her Ph.D. dissertation “Provisional Measures in International Commercial Arbitration” was published in the Journal of International Arbitration. Ms. Kojović has advised foreign investors in international arbitrations against the Serbian state and state entities. She taught international business law at IMC Graduate School of Business in Budapest and CIMA Institute in Belgrade.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1. GENERAL LEGAL FRAMEWORK

1.1 National law

a) Current status

What is the current status? When was it enacted? Have there already been amendments?

The provisions relevant to arbitration are found in several of the statutes. Primarily, arbitration is regulated by the Law of Civil Procedure (the “LCP”), within Part III “Special Procedures”, Chapter XXXI entitled “Proceedings before Elected Court”, Articles 468a–487 (Zakon o parnicnom postupku, “SluЮbeni list SFRJ”, br. 4/77, 36/77, (6/80), 36/80, (43/82 i 72/82), 69/82, 58/84, 74/87, 57/89, 20/90, 27/90, 35/91; “SluЮbeni list SRJ”, br. 27/92, 31/93, 24/94, 12/98, 15/98, 3/2002). The last time that the arbitration chapter of the LCP was amended was 1990.1

The provisions of Chapter XXXI of the LCP are applicable when the place of arbitration is in the Republic of Serbia (“Serbia”),2 unless a special law or international treaty provides that arbitration located in Serbia is nevertheless deemed to constitute a foreign arbitration.