Naslov
The Role of Courts in Arbitral Proceedings

Autori
Maganić, Aleksandra

Izvornik
Croatian arbitration yearbook (1330-6219) 20 (2013); 197-226

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

Ključne riječi
courts; arbitration courts; legal assistance; decision on jurisdiction; arbitral award

Sažetak
Courts are assigned with a number of tasks that they perform during arbitral proceedings. In addition to legal assistance of the courts to the arbitral tribunals, courts participate in arbitral proceedings by performing specific activities such as control of arbitral awards, determination of interim measures and decisions on recognition and enforcement of arbitral awards. The aim of this article is not to present a complete list of the roles of the courts, but rather to examine the ones in which the activity of the courts is determined by parties’ dispositions. Starting point of the research is the Croatian Law on Arbitration. The aim of including a discussion on certain changes in Austrian and Swiss arbitration law was to make a comparative analysis of the German legal circle countries including German solutions. The focus of the paper is on admissibility of arbitral awards for review by the courts. Different legal solutions and doctrinal approaches are presented and de lege ferenda solutions for Croatia are suggested.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA