Comparative Guides
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Results: 4 Answers
International Arbitration
1.
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 
Slovenia
The Arbitration Act operates as a comprehensive legal framework for arbitration. In addition, select provisions of the Civil Procedure Act and the Non-contentious Civil Procedure Act apply in respect of specific issues (eg, setting aside an arbitral award).

There are no significant limitations on the scope of the statutory regime (however, oral arbitration agreements are not governed/recognised).

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 
Slovenia
The legislation does differentiate between domestic arbitration and international arbitration. ‘Domestic arbitration’ is defined as arbitration that has its seat in Slovenia, irrespective of the nationalities of the parties to the dispute. ‘International arbitration’ is defined as arbitration that has its seat abroad.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 
Slovenia
Yes.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 
Slovenia
No. The parties are generally free to agree on the rules of procedure, subject to very few mandatory rules (eg, the right to be represented by an attorney may not be excluded; if the parties fail to agree on a sole arbitrator, either party may request the court to make the appointment).

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 
Slovenia
There are no current plans or initiatives in this respect.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 
Slovenia
Slovenia has been a party to the New York Convention since 6 July 1992, as a succession matter following the breakup of Yugoslavia (which acceded to the New York Convention on 26 February 1982).

Since 4 June 2008, the following reservation has been in place:

In accordance with paragraph 3 of Article 1, the Republic of Slovenia will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State. The Republic of Slovenia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Slovenia.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 
Slovenia
Slovenia is a party to the European Convention on International Commercial Arbitration of 1961 and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law