Serbia International Arbitration Comparative Guide

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International Arbitration

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10.

Costs

10.1

How will the tribunal approach the issue of costs?

Serbia

Schoenherr Attorneys at Law

Answer ... The parties shall bear the costs of arbitration, which are determined by the arbitral tribunal (Article 18). When making their decision on costs, which is a necessary part of the arbitral award, the arbitrators should consider all facts of the case, including the outcome. The parties also have the duty to advance the costs of arbitration upon an order of arbitral tribunal to that effect (Article 18(3)).

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law

10.2

Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

Serbia

Schoenherr Attorneys at Law

Answer ... There are no restrictions in this respect under the Arbitration Act. The determination of costs is generally left to the arbitrators.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law

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International Arbitration