Izvorni znanstveni članak
Application for setting aside the arbitral award
Krešimir Musa
Sažetak
On 7 November 1999 the Constitutional Court of the Republic of Croatia decided on two constitutional complaints for annulment of the arbitral awards of the Permanent Arbitral Tribunal at the Croatian Chamber of Commerce.
Both complaints were lodged without previous proceedings for setting aside of the arbitral award before the court according to Articles 484-487 of the Civil Litigation Act (CLA). Both complaints were rejected. Both complaints were thoroughly analysed in the report by Triva. This article deals with the application for setting aside and the constitutional complaint and gives a brief comment on the mentioned constitutional complaints in order to examine whether the grounds stated in them could be subsumed under the provisions of the CLA on setting aside the arbitral award before the commercial court.
First, the following issues are analysed: what is the arbitration tribunal, basic legal provisions on the arbitration tribunal, what arbitration tribunal is the real arbitration tribunal, by what legal means the arbitral award may be challenged, considerations on the arbitral award, basic provisions on setting aside arbitral awards by application according to Articles 484-487 CLA, what are the grounds for application for setting aside of the arbitral award and when the constitutional complaint may be lodged, and a brief comment on two constitutional complaints. Further, after analysing the grounds stated in both complaints, considered as applications for setting aside the arbitral award, it is concluded that only reasons stated in the first constitutional complaint which refer to the jurisdiction of arbitration tribunal may be regarded as grounds for setting aside the arbitral award according to provisions of the CLA before the regular court, while all other reasons may not be considered as grounds under the provisions of Art. 485 and may not be the matter of regular court proceedings.
Ključne riječi
arbitral award; setting aside of the award; constitutional complaint
Hrčak ID:
5128
URI
Datum izdavanja:
20.4.2006.
Posjeta: 2.760 *