Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Serbia
Restrictions in this regard (ie, subjective non-arbitrability) generally relate to deficiencies in contractual capacity, which thus affect the validity of the arbitration agreement. Under the Arbitration Act, any natural or legal person (including the state and its entities) with the capacity to be a party in a civil procedure pursuant to civil procedure law may agree to arbitrate (Articles 5(2) and (3)).

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
5.2
Are the parties under any duties in relation to the arbitration?
 
Serbia
The only explicit duty of the parties under the Arbitration Act is the duty to pay an advance on costs upon the order of the arbitrators (Article 18(3)). Other than that, certain general duties, such as the duty of good-faith behaviour (a general duty under both Serbian civil procedure law and contract law), might be implied from the civil procedure principles. However, the arbitrators should be careful in applying any such rules beyond the Arbitration Act, given that the Arbitration Act does not provide for general subsidiary application of civil procedure law to arbitration proceedings.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Serbia
No provisions of the Arbitration Act explicitly regulate multi-party arbitration or the appointment of arbitrators in such cases. Given that there is no apparent prohibition of multi-party arbitration, the question is in practice left to the parties’ agreement and the applicable institutional rules, if any.

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