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Projects / Programmes source: ARIS

Arbitration Law Reform in Slovenia

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Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S110  Social sciences  Juridical sciences 
S130  Social sciences  Civil law: persons, family, marriage contract, successions, gifts, property, obligations, guarantees 
S144  Social sciences  Industrial and commercial law 
Keywords
Law, Arbitration, Unictral Model Law
Evaluation (rules)
source: COBISS
Evaluation of bibliographic research performance indicators according to ARIS methodology
Citations Citations for bibliographic records in COBIB.SI that are linked to records in citation databases
source: WoS source: Scopus source: COBISS
Researchers (6)
no. Code Name and surname Research area Role Period No. of publications
1.  25611  PhD Matija Damjan  Social sciences  Junior researcher  2006 - 2007  297 
2.  13029  PhD Aleš Galič  Law  Researcher  2004  761 
3.  20427  PhD Špelca Mežnar  Law  Researcher  2004 - 2006  206 
4.  27793  Saša Šest    Technical associate  2006 - 2007  0 
5.  03096  PhD Lojze Ude  Law  Head  2004 - 2007  531 
6.  24285  PhD Ana Vlahek  Social sciences  Junior researcher  2004 - 2006  405 
Organisations (1)
no. Code Research organisation City Registration number No. of publications
1.  1608  Institute for Comparative Law Studies, Faculty of Law, University of Ljubljana  Ljubljana  1196294000  6,200 
Abstract
In recent decades, the number of international commercial disputes brought before arbitration tribunals has increased significantly, especially when compared to ordinary court proceedings. To secure this possibility, parties are encouraged to include an arbitration clause in their contracts. Parties are free to determine the competence of either institutional or ad hoc arbitration. A number of reasons can be put forward in favour of arbitration proceedings: efficient and speedy procedure, flexibility, free choice of arbitrators, party"s influence on the rules of procedure, choice of law, limited reasons to set aside the award, enforceability of arbitral award. Currently, rules on arbitration law in Slovenia are incorporated in two major acts: Civil Procedure Code (for rules on domestic arbitrations) and Private International Law and Procedure Act (enforcement and recognition of foreign arbitral awards), both strongly relying on the solutions adopted in old Yugoslav Acts. In practice, only a few arbitral awards are issued in Slovenia every year. This is partly due to economic and other reasons (such as lack of knowledge, scepticism, relatively high costs). A share of responsibility for this situation should however also be contributed to insufficient and obsolete rules on arbitration and systemic unconformity of the legislation in force. With Slovenia"s membership in EU the problem might intensify as it is expected that foreign trade (therefore volume of contracts) will increase. The aim of the research is to prepare an expertise on the possible reform of arbitration law in Slovenia. The reform shall be pointed at improving the existing legislation by adopting modern, internationally accepted solutions (New York Convention, UNCITRAL Model Law). To achieve this goal, we shall commence with a critical analysis of existing legislation and caselaw, followed by the report on some particularly useful recent foreign experiences (Croatia, Germany, Austria, Hungary). In the final stage we shall be able to recommend the measures (possibly new Law on arbitration) to improve the current situation. The most important issues of the reform will include (inter alia): the adoption of UNCITRAL Model Law, arbitrability, setting aside procedure, enforcement and recognition and provisional measures.
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