Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Serbia
Under the Arbitration Act, (objective) arbitrability is defined in brief terms: the parties may agree to arbitrate a pecuniary dispute concerning rights of which they may freely dispose, except for disputes that are reserved for the exclusive jurisdiction of the court (Article 5(1)). Therefore, arbitrability is generally determined by reference to the specific regulations governing the pertinent dispute.

In practice, certain disputes have been deemed non-arbitrable, including those concerning:

  • property rights over real estate; 
  • insolvency proceedings;
  • privatisation issues;
  • intellectual property; and
  • specific corporate matters relating to Serbian companies.
For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Serbia
No, the parties are generally free to choose any seat they wish.

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