engleski

Arbitrability ratione materiae and ratione personae in Post-Yugoslav Countries

In the focus of this paper is the analysis of the limits of arbitrability ratione materiae and ratione personae in post-Yugoslav countries. In the remarks at the beginning, within the historical retrospect, the said limits of arbitrability are considered within the reach of the former legislature in SFR Yugoslavia. Special attention is given to the effect of the rules on different types of exclusive jurisdiction on the limits of arbitrability in the legislature of the past period. The core of the paper presents, in order to define the limits of arbitrability according to the current law of the post-Yugoslavian states, a systematic analysis of the rules on objective and subjective arbitrability. This is also the context of the research into the effect of (in)arbitrability of a dispute in terms of grounds for setting aside of an arbitration award and enforcement thereof, and refusal of recognition and enforcement of a foreign arbitration award. The last segment of the paper discusses tendencies present in defining arbitrability in theory and law of each of the post-Yugoslavian states, and provides an insight into indicated de lege ferenda projections regarding possible regulation of the institute in question.

arbitrability; arbitrability ratione materiae; arbitrability ratione personae; exclusive jurisdiction of the courts; post-Yugoslavian states

Ovaj je rad prerađeni dio diplomskog rada O. Manojlović naslovljenog "Arbitrabilnost ratione materiae i ratione personae u zemljama nastalima raspadom Jugoslavije", obranjenog dana 2. veljače 2012. godine na Pravnom fakultetu Sveučilišta u Zagrebu.