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Slovenia - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Krešo Puharič
Sabina Kač
Page Count: 
114 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Slovenia
Practice Areas: 
Right to Decide ex aequo et bono,
Arbitrators and Arbitral Tribunals,
Removal and Resignation of Arbitrators,
Challenge of Arbitrators,
Arbitrability,
Applicable Law,
Arbitral Awards,
Arbitral Process,
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Separability,
Termination,
Costs and Damages,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
International Litigation,
Enforcement of Arbitral Awards,
Enforceability,
Interim Measures of Protection,
Parties,
Multiple Parties,
Third Parties in Arbitral Proceedings,
Practice & Procedure,
Evidence,
National Legislation,
New York Convention,
UNCITRAL Model Law
Author Detail: 

Krešo Puharič, Ph.D. (Slovenia) is the President of the Permanent Court of Arbitration attached to the Chamber of Commerce and Industry of Slovenia.

Sabina Kač (Slovenia) is Secretary General of the Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia (PCA-CCIS).

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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 most important statute relating to arbitration is found in Chapter 31 of the Code of Civil Procedure (hereinafter “CCP”), which contains rules on arbitration and on the setting aside of arbitral awards: (Arbitration Proceedings, Sec. 459-479, Ur. l. RS št. 1999/26, 2002/29 and 2004/2; official updated text ZPP-UPB2 Ur.l. 2004/36) (Uradni list Republike Slovenije) hereinafter: “OGS 1999/26.”

The CCP was adopted by the National Assembly of the Republic of Slovenia at its session of 25 March 1999, and entered into force on 15 July 1999.

The other important statute in the field of international arbitration is the Private International Law and Procedure Act (hereinafter “PILPA”), Chapter 4 of which regulates the recognition and enforcement of foreign arbitral awards (Recognition and Enforcement of Foreign Decisions, Sec. 104-111, Recognition and Enforcement of Foreign Arbitral Awards, Ur.l. RS št. 1999/56, (Uradni list Republike Slovenije) herein-after “OGS 1999/56”). The PILPA was adopted by the National Assembly of the Republic of Slovenia and entered into force on 28 July 1999.

b) Future development

Are amendments intended? If so, please outline the timing and the intended changes.

A special working group was established in mid-2004 at the Institute for Comparative Law at the Faculty of Law, University of Ljubljana, to carry out a study entitled Reform of Arbitration Law in the Republic of Slovenia. The group also includes several renowned arbitrators of the Permanent Court of Arbitration attached to the CCIS who are professors of the law of civil procedure.