Answer ... Generally, the validity requirements are as follows:
- The arbitration agreement must pertain to arbitrable subject matter;
- The arbitration agreement must be in writing, either in an arbitration clause or in a separate agreement (including an exchange of letters, fax messages, telegrams, email or other means of communication which provides a record of the arbitration agreement that is accessible and suitable for subsequent reference); and
- The parties must have the legal capacity to enter into an arbitration agreement.
In consumer-related matters, an arbitration agreement may be entered into only after the dispute has arisen. In both consumer and employment-related matters, the arbitration agreement must be set out in a separate document, which the consumer or employee has signed.
Answer ... The Arbitration Act contains a provision on the separability of arbitration clauses. Article 19 provides that an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. Moreover, as regards the law governing the arbitration clause, the prevailing opinion in legal theory is that the validity of the arbitration clause shall be decided under the law of the seat of the arbitration (provided that the parties have not specified the law of the arbitration agreement).
Answer ... If the parties have not agreed on the seat of arbitration, the latter is determined by the tribunal, having regard to the circumstances of the case, and in particular the convenience of the parties.
If the parties have not agreed on the language of arbitration, the latter is determined by the tribunal. Until then (unless agreed otherwise), the parties may file submissions in the language of the main contract, in the language of the arbitration agreement or in the Slovenian language.