Comparative Guides
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Results: 4 Answers
International Arbitration
8.
The tribunal
8.1
How is the tribunal appointed?
 
Croatia
The tribunal is appointed by agreement of the parties. In the absence of such agreement, the tribunal may be appointed by the arbitration institution or by the appointing authority.

If there are three arbitrators, each party will choose one arbitrator, who will then choose the third arbitrator. If a party fails to appoint its arbitrator within 30 days of notification to do so, or if the two appointed arbitrators cannot agree on who should serve as president of the tribunal:

  • a third party appointed by the parties or the president of the Zagreb Commercial Court will appoint the missing arbitrator in commercial disputes; and
  • the president of the Zagreb County Court in Zagreb will appoint the missing arbitrator in non-commercial disputes.

If there is one arbitrator, the parties will choose him or her by agreement. If the parties cannot reach agreement in this regard:

  • a third party appointed by the parties or the president of the Zagreb Commercial Court will appoint the missing arbitrator in commercial disputes; and
  • the president of the Zagreb County Court will appoint the missing arbitrator in non-commercial disputes.
For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 
Croatia
Croatian law does not require arbitrators to have any special qualifications. However, judges of the Croatian courts may be appointed only as presiding arbitrators or sole arbitrators - they cannot act as party-appointed arbitrators.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 
Croatia
An arbitrator may be challenged on the following grounds:

  • There are justifiable doubts as to the arbitrator’s independence or impartiality;
  • The arbitrator lacks the qualifications agreed by the parties; or
  • The arbitrator has failed to conduct the arbitration with due expediency.

There are no restrictions on the challenge of an arbitrator.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.4
If a challenge is successful, how is the arbitrator replaced?
 
Croatia
Under same procedure as for his or her appointment.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
Croatia
The arbitrator must consent to his or her appointment in writing. Further, the arbitrator must conduct the proceedings with due expediency, conduct procedural actions in a timely fashion and avoid any delay to the proceedings.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 
Croatia
(a) Procedure, including evidence?

The arbitral tribunal may conduct the arbitration in such a manner as it considers appropriate, provided that the parties are treated equally and that at each stage of the proceedings each party is given a full opportunity to present its case. Croatian law expressly recognises the arbitral tribunal’s authority to decide on the admissibility, relevance and weight of any evidence presented. The tribunal may further decide how witnesses will be heard in the proceedings and may appoint one or more experts to report on specific issues, even without consulting the parties in this regard.

(b) Interim relief?

Unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order such interim measures as it may consider necessary in respect of the subject matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measures.

(c) Parties which do not comply with its orders?

The arbitral tribunal cannot compel the parties to comply with its orders.

(d) Issuing partial final awards?

The Arbitration Act provides that, unless the parties have agreed otherwise, the arbitral tribunal may issue not only final awards, but also partial and interim awards. Partial award can also be regarded as a ‘final award’ under Article 2(1)(9) of the Arbitration Act.

(e) The remedies it can grant in a final award?

The Arbitration Act imposes no limits on the remedies which may be ordered by the arbitral tribunal. Thus, unless the parties have agreed otherwise, the arbitral tribunal may order any remedy which could be ordered by a national court. In any case, the national courts will not enforce remedies ordered by the arbitral tribunal which are contrary to Croatian public order.

(f) Interest?

Article 35 of the Arbitration Act expressly provides that the arbitrators have the right to decide on the costs of the proceedings upon a party’s request. This includes the power to apportion costs among the parties and, if necessary, to order that one party reimburse the full amount or a portion of the costs to the other. Pre-award interest can be included in the award (if this was included in the claim and up to the extent permitted by substantive law). Post-award interest is the statutory default interest if the amounts determined by the award are not paid by maturity.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.7
How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
 
Croatia
The failure of a duly notified party to appear before the arbitral tribunal or to undertake certain actions does not prevent the arbitrators from continuing the proceedings. In such situations, it is within the discretion of the arbitrators to assess whether there is sufficient cause for the party’s default. Default has no implications regarding recognition of facts and/or claims, and will not automatically be treated as an admission. In such cases the arbitrators may make an award based on the evidence available.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
8.8
Are arbitrators immune from liability?
 
Croatia
There are no explicit rules on the liability of the arbitrators in Croatian law.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law