Ad hoc arbitration in the territory of Serbia: Initiation of the proceedings and constitution of the arbitral tribunal

Ad hoc arbitration in the territory of Serbia: Initiation of the proceedings and constitution of the arbitral tribunal

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This Article reviews and discusses the rules of the Arbitration Act of Serbia on to initiation of ad hoc arbitral proceedings, composition and constitution of the arbitral tribunal.Problems that may occur in the implementation tokidoki hello kitty blind box of an ad hoc arbitration agreement are put to the forewront of the analysis, and the solutions provided by domestic legislation are examined.In addition, the discussion centers around the provisions of Article IV of the European Convention on International Commercial Arbitration, and their priority in case the dispute falls within its scope.Furthermore, the UNCITRAL Arbitration Rules, as the set of rules that is most frequently agreed upon in practice, are considered from the point of view of composition and constitution of the Arbitral Tribunal.

When critically evaluating the harry potter magsafe case provisions of the national law, the treaty and the cited Arbitration Rules, we relied on comparative law analysis and on foreign judicial and arbitral practice.We endeavored, by examining arbitration laws of other countries, to spot potential lacunae in domestic legislation, and to draw attention to ways in which they may be mended.We pleaded for flexible and reasonable construction of the existing legal provisions, in order to improve the chances for positioning of ad hoc arbitration in Serbia as a viable mechanism of resolution of disputes at the disposal of the parties.Some guidelines were also provided to the legislator on the future direction in which legislative amendments whould go.