Naslov
New boundaries of arbitrability under the Croatian Law on Arbitration

Autori
Uzelac, Alan

Izvornik
Croatian arbitration yearbook (1330-6219) 9 (2002); 139-160

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

Ključne riječi
arbitrability; arbitration; Croatia

Sažetak
The Croatian Law on Arbitration has introduced significant changes in regulation of arbitrability. This paper presents a comparison of conditions for submitting disputes to arbitration before and after 2001. In particular, the new law extends the objective boundaries of arbitrability, i.e. the scope of disputes that can be submitted to arbitration, by avoiding reference to exclusive jurisdiction as an obstacle to arbitration. Many of the previously existing limitations in the national disputes have been removed. Now, ad hoc arbitration is permissible in such disputes, and arbitration institutions may be freely established as entities of private law. The remaining limitations are related to the prohibition of submitting national disputes to foreign arbitration tribunals as well as the reduced scope of disputes that can be submitted to arbitration outside the country.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA