Answer ... (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.
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.