engleski

Setting aside arbitral awards in theory and practice

This paper presents the results of a research undertaken to establish how the courts in Croatia apply the provisions of the Code of Civil Procedure on setting aside arbitral awards. After an initial presentation of the setting aside procedure, seven cases in which setting aside arbitral awards of the Permanent Arbitration Court at the Croatian Chamber of Commerce was requested are analyzed (five of them resolved, two still pending). Based on the analysis of the presented data, the author attempts to describe the pattern of judicial behavior in these cases. Although the presented sample shows no cases of successful setting aside of the PAC-CCC awards in the last instance, the author points to several questionable elements in the analyzed proceedings - especially with regard to their length, and the tendency of entering into au fond evaluation of arbitrators’ reasoning. Moreover, it is concluded that the analyzed cases support the approach of the Working Group on the Reform of the Croatian Arbitration Law that proposed the amendment to the current provision, narrowing down (or fully excluding) the extent to which new facts and evidence may be invoked as reasons for setting aside arbitral awards.

setting aside; arbitral award; arbitration; Croatia

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