Slovenian Law states that an authorised person needs a “special authorisation” for the conclusion of an arbitration agreement. Similar provisions are found in other laws in the Middle East and other ex-Yugoslavian States. According to Article 76 of the Slovenian Obligations Code, a general authorisation, valid for “legal transactions classed among ordinary business” does not suffice: […]
International Commercial Arbitration in Serbia
International commercial arbitration is a popular method for resolving international commercial disputes in Serbia and a preferable alternative to State courts, where proceedings remain slow and can take years to a final judgement. The arbitration regime in Serbia was enhanced when, in 2006, the Serbian government passed a new Serbian Arbitration Act, a modern law adopted […]
Top 10 Tips for Drafting Better International Arbitration Clauses
Drafting international arbitration clauses in your contract appears like a simple task from the outset. There are many examples online – all you need to do is to take the existing template, copy/paste it and tailor it to your needs. However, is this really true? Arbitration is generally considered as a faster, cheaper and more […]
Arbitration in Brazil
Arbitration in Brazil has developed significantly over recent decades. The latest ICC statistical report for the year 2016 shows an increasing number of Brazilian parties using arbitration, with 123 Brazilian parties compared to 112 in 2014, placing Brazil in 3rd place in party-rankings worldwide. Brazil is today described as having a pro-arbitration legal regime and […]
ICC Arbitration Clause
By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]