Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Montenegro
Except for the requirement of necessary power and capacity to conclude the arbitration agreement, there are no further restrictions as to who can be a party thereto.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
5.2
Are the parties under any duties in relation to the arbitration?
 
Montenegro
While the Arbitration Act remains silent on this issue, Article 10 of the Civil Procedure Act (which is a statute that generally regulates civil proceedings in Montenegro) provides for a general principle that the parties have a duty to exercise their procedural rights in good faith.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Montenegro
No, there are no explicit provisions dealing with multi-party disputes in the Arbitration Act. It is therefore likely that any arbitral tribunal in cases involving multi-party disputes will conduct the proceedings in line with the general authority to conduct the arbitration as it deems fit, while observing general principles such as party equality, party autonomy and efficient conduct of the proceedings.

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