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?
 
Montenegro
The Arbitration Act sets a very general standard of arbitrability, providing only that “arbitration cannot be conducted when the other act stipulates that the particular disputes may not be resolved by arbitration” (Article 3(2)).

While the wording of the Arbitration Act seems to refer only to an explicit statutory prohibition on arbitration in particular cases, the nature of arbitration warrants that the conventional requirement of the dispositive nature of disputes must also be met.

It remains to be seen how the Montenegrin courts will construe the Arbitration Act in terms of arbitrability. Matters which are subject to the exclusive jurisdiction of the Montenegrin courts include, for example:

  • disputes as to property rights and lease over real estate (Article 42 of the Civil Procedure Act);
  • insolvency proceedings (Article 44 of the Civil Procedure Act);
  • enforcement proceedings (Article 44 of the Civil Procedure Act);
  • certain cases regarding the establishment, validity of incorporation, nullity or dissolution of companies or legal persons, or the validity of decisions of their bodies, provided that they have a statutory seat in Montenegro (Article 118 of the International Private Law Act); and
  • certain cases related to proceedings in intellectual property matters (Article 122 of the International Private Law Act).
For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Montenegro
No, there are no restrictions on the choice of seat of arbitration.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law