Comparative Guides
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Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
Serbia
The Arbitration Act does not explicitly provide for consolidation of separate arbitral proceedings. However, consolidation is not excluded and could be effected, for example, if the parties have agreed to apply institutional arbitration rules which provide for this possibility.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Serbia
Serbian law does not explicitly regulate joinder of additional parties to an arbitration that has already been commenced. As is the case with consolidation, joinder is not excluded and may therefore be agreed upon by the parties.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Serbia
According to the Arbitration Act, unless the parties have agreed otherwise, an arbitration agreement shall remain in force even in case of:

  • assignment (cession) of the contract or claim;
  • subrogation; or
  • other cases of transfer of claim.

Beyond these situations, the effect of an arbitration agreement on third parties is not regulated by the Arbitration Act.

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