Naslov
Restrictions on Foreign Arbitration Under the Croatian Arbitration Act and Freedom to Provide Services in EC Law

Autori
Babić, Davor

Izvornik
Croatian Arbitration Yearbook (1330-6219) 12 (2005); 155-185

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Arbitration; EC Law

Sažetak
Pursuant to Article 3, paragraph 2 of the Croatian Arbitration Act, disputes between Croatian parties and disputes subject to the exclusive jurisdiction of Croatian courts of law, parties may agree on arbitration but the place of arbitration must be in Croatia. This provision restricts market access to foreign arbitrators, arbitration institutions and other services providers in arbitration. As such it is incompetible with the provisions of the EC Treaty on freedom to provide services. Preparing for the accession to the EU, Croatia should abolish this restriction and provide for equal delimitation of the domain of domestic and foreign arbitration. The abolishment of this restriction is also mandated by the provisions of the Stabilisation and Association Agreement between Croatia and EC and its member states of 2001.

Izvorni jezik
Hrvatski

Znanstvena područja
Pravo

POVEZANOST RADA