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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Slovenia
An award may be set aside by the court if:

  • the party which has brought the action before the court furnishes proof that:
    • one of the parties to the arbitration agreement was incapable of concluding it;
    • the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under Slovenian law;
    • the party bringing the action was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or was otherwise unable to present its case;
    • the award concerns a dispute not falling within the scope of the arbitration agreement or contains decisions on matters beyond its scope; or
    • the composition of the tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was contrary to a provision of the Arbitration Act from which the parties cannot derogate or, in absence of such agreement, was not in accordance with the Arbitration Act; or
  • the court finds ex officio that:
    • the subject matter is not arbitrable; or
    • the award is contrary to the Slovenian ordre public.
For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Slovenia
A party may bring an action to set aside an award within three months of the date on which it receives the award.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Slovenia
No, the parties are not permitted to waive the right to have the award set aside in advance.

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