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?
 
Serbia
An objection that the arbitral tribunal does not have jurisdiction must be raised in the statement of defence, at the latest (Article 29(1)). Likewise, a party must raise a plea that the arbitral tribunal has exceeded the scope of its authority as soon as the matter alleged to be beyond the scope of the arbitral tribunal’s authority is raised during the arbitral proceedings (Article 29(3)).

In any event, the arbitral tribunal may allow the party to raise such an issue at a later date, if it finds that the delay was justified (Article 29(4)).

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Serbia
Serbian law acknowledges the competence-competence principle (Article 28). Therefore, the arbitral tribunal may decide on its own jurisdiction, including any objection regarding the existence or validity of an arbitration agreement.

For more information about this answer please contact: Jelena Bezarević Pajić 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?
 
Serbia
If the arbitral tribunal decides on the objection as a preliminary question, any party may request the competent court, within 30 days of being notified of the decision, to decide the matter. The court’s decision is not subject to appeal (Articles 30(2) and (3)). In the meantime, the arbitral tribunal may continue the arbitral proceeding and render an award while the proceedings before the court are pending (assuming that the arbitral tribunal has retained jurisdiction) (Article 30(4)).

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