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Results: 4 Answers
International Arbitration
1.
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 
Croatia
The Arbitration Act (Official Gazette of Republic of Croatia 88/2001) is the relevant Croatian legislation on arbitration.

Pursuant to Article 6/2 of the Arbitration Act, an arbitration agreement must be in written form. An oral arbitration agreement will be deemed valid if one party invokes the oral agreement in writing and the other party does not dispute the conclusion of an oral arbitration agreement (Article 6/3/2).

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 
Croatia
Croatian residents and legal persons established under the laws of Croatia may agree on domestic arbitration only. International arbitration is allowed in disputes with an international element (ie, where at least one party resides outside Croatia).

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 
Croatia
The UNCITRAL Model Law on International Commercial Arbitration was followed in the drafting of the Arbitration Act, although there are some deviations from its current wording, as the act was reformed six years prior to the 2006 amendments to the UNCITRAL Model Law. Unlike the UNCITRAL Model Law, the Arbitration Act applies to both national and international disputes, as well as to disputes which are not necessarily considered as commercial.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 
Croatia
No. The parties are generally free to choose the rules of conduct, although there are some mandatory rules from which the parties cannot deviate. These include the rules on arbitrability and public order, as well as some mandatory provisions of the Arbitration Act, such as those on:

  • fair trial and equal treatment;
  • grounds for the challenge of arbitrators;
  • the appointment of judges of the regular courts in Croatia as arbitrators;
  • the form and content of the arbitral award;
  • annulment of the arbitral award; and
  • competence.
For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 
Croatia
There are no plans to amend the arbitration legislation in Croatia.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 
Croatia
Croatia is a party to the New York Convention. The convention was initially acceded to by the former Socialist Federal Republic of Yugoslavia (SFRY) in 1982 and entered into force on 8 October 1991. After the dissolution of the SFRY, Croatia became a party to the convention by way of notification of succession on 26 July 1993. Croatia adhered to the reservations to the general obligations of the convention made by the SFRY. Thus, the convention applies only to arbitral awards which were adopted in the territory of another contracting state and to disputes which are considered as commercial under national law.

Additionally, Croatia has formulated a reservation with regard to retroactive application of the convention.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 
Croatia
Croatia is a party to:

  • the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States;
  • the 1961 European Convention on International Commercial Arbitration;
  • the 1927 Geneva Convention on the Execution of Foreign Arbitration Decisions; and
  • the 1923 Geneva Protocol on Arbitration Clauses.
For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law