engleski

Arbitration in Bankruptcy? New Window of Opportunities in Croatian Law

The possibility to arbitrate disputes that arise during bankruptcy proceedings was introduced to Croatian law for the first time by the 1996 Bankruptcy Law. This paper endeavors to define the legal basis of the new institute and to determine the subjective, objective and jurisdictional boundaries of the arbitrability of bankruptcy disputes. Furthermore, the essential characteristics of the arbitration procedure for settlement of these disputes are noted. At the end, the issues of conformity of the new institute with the provisions of Article 6 of the 1952 ECHR and Article 14 of the 1966 International Pact on Civil and Political Rights are analyzed.

arbitration; bankruptcy; insolvency; Croatian law

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