Comparative Guides
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Results: 4 Answers
International Arbitration
8.
The tribunal
8.1
How is the tribunal appointed?
 
Slovenia
The parties are free to agree on the procedure for appointing the tribunal, subject to the following mandatory provisions of the Arbitration Act:

  • Where there are three arbitrators, each party shall appoint one arbitrator and the two party-appointed arbitrators shall appoint the third arbitrator as the president of the tribunal;
  • If the parties fail to agree on a sole arbitrator, either party may request the court to make the appointment; and
  • If the party-appointed arbitrators fail to agree on the chair within 30 days of receipt of a request to do so from the other party or within 30 days of their appointment, a party may request the court to make this appointment.

The above mandatory provisions also apply if the parties agree on the appointment procedure, but:

  • one party fails to act as required under such procedure;
  • the parties or the party-appointed arbitrators are unable to reach agreement as envisaged under such procedure; or
  • a third party, including an arbitral institution, fails to perform a function entrusted to it under such procedure.

Any party may request the court to take necessary measures to appoint an arbitrator, unless the appointment procedure provides other means for securing the appointment(s).

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 
Slovenia
The parties are free to agree on the number of arbitrators. In the absence of such agreement, the default number of arbitrators under the Arbitration Act is three.

There are no special requirements as to the qualification of arbitrators (eg, an arbitrator need not be a lawyer or admitted to the Bar). Generally, unless the parties have agreed otherwise, anyone with the capacity to enter into legal transactions may be appointed as arbitrator. Specifically, the Arbitration Act stipulates that, unless the parties have agreed otherwise, nationality is not a reasonable ground for precluding someone from acting as an arbitrator.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 
Slovenia
There are limited grounds for challenging an arbitrator under the Arbitration Act. Arbitrators may be challenged only where:

  • circumstances give rise to justifiable doubts as to their impartiality or independence; or
  • the arbitrator does not possess qualifications agreed on by the parties.

Moreover, a party may challenge an arbitrator whom it has appointed (or in whose appointment it has participated) only for reasons of which it becomes aware subsequent to the appointment.

If an arbitrator becomes unable to perform the duties of an arbitrator, the arbitrator’s mandate shall terminate if the parties so agree or if the arbitrator withdraws. If no agreement is reached or the arbitrator does not voluntarily withdraw, any party may request the court to rule on the issue.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.4
If a challenge is successful, how is the arbitrator replaced?
 
Slovenia
A replacement arbitrator is appointed according to the rules that applied to the appointment of his or her predecessor.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
Slovenia
The duties of an arbitrator, while not specifically regulated, may be inferred from the Arbitration Act (eg, to act impartially and conduct the arbitration proceedings pursuant to the procedural rules).

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 
Slovenia
(a) Procedure, including evidence?

If the parties have not agreed upon a procedure to be followed or referred to institutional rules, then the tribunal shall conduct the arbitration in the manner it considers appropriate.

In the absence of agreement between the parties, the tribunal shall decide whether to hold an oral hearing or whether the proceedings shall be conducted based on written submissions only. However, should a party request an oral hearing, the default rule under the Arbitration Act is that an oral hearing is required.

(b) Interim relief?

Unless the parties have agreed otherwise, the tribunal may (while honouring the parties’ right to be heard on the issue) order any interim measures it considers necessary to protect the subject matter of the proceedings. The tribunal may require the party requesting interim measures to provide appropriate security. While the tribunal has the power to order interim measures which are binding on the parties, only the court has the power to enforce them.

(c) Parties which do not comply with its orders?

The tribunal may, for example, continue with the proceedings and render an award even if one of the parties does not participate (eg, if the defendant fails to submit its statement of defence within the specified timeframe). It may also consider such non-compliance when deciding on the costs of the proceedings. Generally, however, the tribunal lacks coercive powers.

(d) Issuing partial final awards?

There are no specific provisions under the Arbitration Act which would allow for the issuance of a partial award. However, such power may be inferred from the general power of the tribunal (unless the parties have agreed otherwise) to determine procedural rules.

(e) The remedies it can grant in a final award?

There are no limitations under the Arbitration Act on the types of remedies that can be granted in an award.

(f) Interest?

Under Slovenian law, this is a matter of substantive law.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.7
How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
 
Slovenia
The tribunal may continue with the proceedings and render an award even if one of the parties does not participate. The proceedings may be continued in the absence of a party if:

  • the respondent fails to communicate its statement of defence within the agreed or ordered timeframe; or
  • any party fails to appear at a hearing or to produce documentary evidence.

If the claimant fails to file a statement of claim in accordance with the agreement of the parties or the provisions of the Arbitration Act, the tribunal may terminate the proceedings.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
8.8
Are arbitrators immune from liability?
 
Slovenia
The Arbitration Act contains no provisions in this respect.

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