Naslov
Restrictions on Arbitration in Public Private Partnership Projects in Croatia

Autori
Babić, Davor Adrian

Izvornik
Croatian arbitration yearbook (1330-6219) 20 (2013); 227-238

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, pregledni rad, znanstveni

Ključne riječi
public private partnerships; arbitration; Croatian Arbitration Act

Sažetak
Public private partnerships are governed in Croatia by the Public Private Partnerships Act of 2012, a statute enacted with a view of attracting private investment into public infrastructure in Croatia. According to the Act, the public and the private partner may agree to submit the disputes from their project agreement to arbitration. The Act does not restrict the freedom of the parties to select the seat of arbitration. This raises the issue of whether the provisions of the Arbitration Act which restrict the freedom to select foreign seat of arbitration apply to public private partnerships. On proper interpretation, the Public Private Partnership Act derogates, within its scope of application, the restrictions provided by the Arbitration Act, thus allowing parties to public private partnership agreements to select any seat of arbitration. The Act introduces, on the other hand, a novel limitation on party autonomy in arbitration: in arbitration relating to public private partnerships in Croatia only Croatian substantive law may be applied.

Izvorni jezik
Engleski

POVEZANOST RADA