Original scientific paper
The form of the arbitration agreement in croatian law: new regulation, its origins and prospects of further development
Alan Uzelac
Abstract
If the arbitration agreement is the foundation of arbitration, then it could be said that the question of the form of the arbitration agreement is the stumbling block of domestic and international arbitration legislation. Since the middle of the 20th century until today, the norms regulating formal conditions for arbitration agreements have gone through an intensive metamorphosis – a metamorphosis which has not been completed yet. This article, continuing upon some previously published articles of the author on the same topic, is primarily concerned with the analysis of current arbitration law. The author gives a systematical and detailed presentation of the content of the provision of Art. 6 of the Arbitration Act of 2001 (AA), which is interpreted in the light of preparatory activities for the reform of Croatian arbitration law, comparative models and available court and arbitration practice. In this context, special attention is paid to the interrelationship of domestic law with its main model of the new reform – UNICITRAL Model Law on International Commercial Arbitration of 1985 (UML). As exactly in respect of the form of the arbitration agreement this act nowadays, according to the opinion of the UNCITRAL itself, does not satisfy the requirements of arbitration practice, the reform of Croatian arbitration law has coincided with the attempts to revise the text of Art. 7 of UML, partially anticipating the results of these attempts, which were still incomplete by the end of 2005. In this article, therefore, the author particularly deals with the relevant new tendencies since the adoption of the AA and endeavours to evaluate systematically, in the comparative perspective, current provisions of domestic law on the written form, in order to answer the questions about their adequacy and need for their harmonisation with current trends.
Keywords
arbitration agreement, form of agreements; Arbitration Act; UNCITRAL
Hrčak ID:
5121
URI
Publication date:
20.4.2006.
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