Naslov
Legal Assistance of the Courts of Justice to Arbitration Tribunals

Autori
Maganić Aleksandra

Izvornik
Croatian arbitration yearbook (1330-6219) 16 (2009); 55-89

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

Ključne riječi
pravna pomoć; međunarodna pravna pomoć; pravna pomoć sudova arbitražnim sudovima; izvođenje dokaza
(legal assistance; international legal assistance; legal assistace of the courts to arbitration tribunals; taking of evidence)

Sažetak
Readiness of the courts of law to cooperate and assist arbitration tribunals is manifested through a range of various legal aid forms that the courts of law are ready to offer to arbitration tribunals. Since domestic legal systems may considerably differ in this respect, especially in relation to the legal assistance claimant and legal aid scope the aim of this paper has been to make a compara.tive review of different domestic solutions. The analysis is based on solutions applied by the states of former Yugoslavia as well as the ones applied in Austria, Germany and Switzerland being the continental European circle representatives. Judical cooperation in EU member states and passing The Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters have opened a new research perspective. The answer to the question if the mentioned Regulation has an impact on providing legal assistance of the courts to arbitration tribunals appears to be crucial in this sense. Finally, the paper establishes the jurisdiction limits of the courts of law based on differences and similarities and finds the most efficient and effective (economical) mode for arbitration tribunals to obtain legal assistance from the courts of law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA