Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Slovenia
Yes, provided that the defendant objects to the court’s jurisdiction at the latest in its reply to the lawsuit, and unless the court finds that the arbitration agreement:

  • does not exist;
  • is null and void;
  • has ceased to be valid; or
  • is incapable of being performed.
For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Slovenia
The court has the power to decide on the following matters:

  • the admissibility of arbitration proceedings;
  • the appointment of an arbitrator;
  • the challenge of an arbitrator;
  • termination of the mandate of an arbitrator;
  • the jurisdiction of the tribunal;
  • setting aside of the arbitral award;
  • declaration of enforceability of domestic awards and recognition of foreign awards; and
  • interim measures relating to the subject matter of the arbitration.

The court’s powers listed under the first to seventh points above apply only to arbitration seated in Slovenia. However, if the seat of arbitration has not yet been determined, the court has jurisdiction to decide matters referred to under the second, third and fourth points above, provided that one of the parties has its permanent or temporary residence in Slovenia. This rule applies until the seat of arbitration is determined.

Moreover, the court may assist in taking evidence or in taking another action that the tribunal is not empowered to take upon the tribunal’s request or upon the request of a party with the tribunal’s approval.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Slovenia
No.

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