Naslov
Arbitrability in German, Serbian and Croatian Law

Autori
Maganić, Aleksandra

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Preoblikovanje granica arbitrabilnosti: da li napredujemo?/Reshaping the Boundaries of Arbitrability: Are We Heading Forward?

Urednik/ci
Vasiljević, Mirko

Izdavač
Stalna arbitraža pri Privrednoj komori Srbije

Grad
Beograd

Godina
2017

Raspon stranica
219-237

ISBN
978-86-80420-15-8

Ključne riječi
arbitrability, availability, labour dispute, consumer dispute, family dispute, non-contentious matters

Sažetak
The most common criteria for determining the objective arbitrability of a particular legal matter in a national legal system are its availability or its property law nature. However, despite this relatively simple definition, there are some types of disputes in which arbitrability may appear ambiguous. The reasons for this may vary - on the one hand, they are determined by the requirement for equal treatment and equality of the parties to the contract that includes an arbitration clause, or an arbitration agreement, such as, for example, in case of consumer or employment contracts. In addition, the scope of arbitrability tension may refer to family law matters comprising children, status issues and property disputes, as well as matters bearing legal effects of succession. Special approach should be taken when it comes to the arbitrability of disputes in the event of instituting bankruptcy proceedings or arbitrability of disputes between the company and its members or of disputes between the members of the company. Finally, there are different perspectives on whether only disputes or some other (non-contentious) legal matters can be arbitrable. When it comes to the long or short list of legal matters allowing settlement by arbitration in a particular national legal system, the aim and purpose of this paper is not only to present the selection of comparative solutions of Germany, Serbia and Croatia in determining the concept of objective arbitrability, but also to give a short survey of what is arbitrable in disputed legal areas or what should explicitly be determined as arbitrable by law de lege ferenda.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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