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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?
 
Serbia
The award can be challenged on the following grounds:

  • The arbitration agreement is not valid under the law that the parties have chosen or, if the parties have made no choice in this regard, under Serbian law;
  • The party challenging the award was not properly notified of the appointment of an arbitrator or the arbitration proceedings, or was otherwise unable to present its case;
  • The award decides on a matter that is not contemplated by or falling within the terms of the arbitration agreement, or on matters that are beyond the scope of the arbitration agreement. The court may set aside only that part of the award that falls outside the scope of the arbitration agreement if it can be separated from the rest of the award;
  • The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement conflicted with a mandatory provision of the Arbitration Act or otherwise was not in accordance with the arbitration agreement; or
  • The award was based on a false statement of a witness or expert or on a forged document, or resulted from a criminal act of an arbitrator or a party, where this has been proved by a final and binding court judgment.

The court may further set aside an award if it finds that:

  • the subject matter of the dispute is not arbitrable under Serbian law; or
  • the effects of the award conflict with Serbian public policy (Article 58).
For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Serbia
An application to set aside an arbitral award must be filed within three months of the date on which the applicant receives the award (Article 59).

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Serbia
The parties may not exclude the right to set aside an award in advance (Article 62).

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law