Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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4. Results: Answers
International Arbitration
Arbitrability and restrictions on arbitration
How is it determined whether a dispute is arbitrable in your jurisdiction?

Answer ... Arbitrable disputes include all pecuniary claims capable of resolution by way of arbitration proceedings. Non-pecuniary claims, however, may also be subject to an arbitration agreement if the matter is capable of settlement. For consumer-related or employment-related matters, special provisions of the Arbitration Act apply.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
Are there any restrictions on the choice of seat of arbitration for certain disputes?

Answer ... Generally, the parties may freely decide on the seat of arbitration.

The following restrictions apply:

  • If all parties to the arbitration agreement are Slovenian citizens or legal persons with their seat in Slovenia, they cannot agree on a seat of arbitration which is outside Slovenia if a Slovenian court would have exclusive jurisdiction over the dispute; and
  • In consumer and employment-related matters, the choice of seat of arbitration is a mandatory element of the arbitration agreement. Further, for consumers or employees whose permanent or temporary residence is in Slovenia or who usually perform their work in Slovenia, an arbitration agreement with a choice of seat outside Slovenia (where the consumer or employee, at the time the arbitration agreement is concluded or the statement of claim arises, does not have a permanent or temporary residence or does not usually perform his or her work) will be recognised only if invoked by the consumer or employee.

For more information about this answer please contact: Bojan Brežan from Schoenherr Attorneys at Law
International Arbitration