Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Slovenia
The latest that an objection to jurisdiction may be raised is in the statement of defence. A party is not precluded from making this objection as a result of having appointed an arbitrator or having participated in the appointment of an arbitrator.

An objection that the tribunal has exceeded the scope of its jurisdiction must be raised as soon as such alleged action takes place.

In either of the above cases, the tribunal may admit a later objection if it considers the party’s delay justified.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Slovenia
Yes, the tribunal has the power to rule on its own jurisdiction (the principle of competence-competence), which includes any objections with respect to the existence or validity of the arbitration agreement.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Slovenia
Provided that the tribunal decides that it has jurisdiction, any party may request, within 30 days of receiving notice of such decision, the competent court (ie, the Ljubljana District Court) to decide the matter. However, the tribunal may continue the arbitration proceedings and render a final award while the court proceedings are pending.

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