Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Croatia
A regular court will dismiss a lawsuit due to lack of jurisdiction if an arbitration agreement exists. It will then set aside all actions taken in the proceedings and refuse to rule on the statement of claims, unless it finds that the arbitration agreement is null and void, inoperative or incapable of being performed.

For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Croatia
In the case of arbitration seated in Croatia, the powers of the Croatian courts are limited to:

  • appointing and removing the arbitrators;
  • deciding on the validity of the tribunal’s decision on competence;
  • awarding the costs of the arbitrators in certain cases;
  • deciding on the deposition of the award;
  • deciding on an application to set aside the award; and
  • enforcing the arbitral award.

The arbitral tribunal, or a party with the approval of the arbitral tribunal, may also request legal assistance from a competent national court in taking evidence that the arbitral tribunal itself could not take.

In the case of arbitration seated outside of Croatia, the powers of the Croatian courts are limited to:

  • accepting delivery and deposition of the awards;
  • assisting with the taking of evidence; and
  • rendering a decision on recognition and enforcement of a foreign arbitral award.
For more information about this answer please contact: Vice Mandarić from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Croatia
No.

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