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Challenge of Arbitrators Under the 2011 Zagreb Arbitration Rules

Davor Babić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Zrinka Mustafa ; odvjetnički vježbenik

Sažetak

The grounds and the procedure for challenge of arbitrators in arbitration proceedings before the Permanent Arbitration Court of the Croatian Chamber of Commerce is governed by Article 25 of the Court’s 2011 Arbitration Rules (“the Zagreb Rules”). While arbitrators are required under the Rules to make full disclosure of all facts which, from the subjective perspective of the parties, might raise doubts concerning their independence and impartiality, they will be removed only if their independence is doubtful by objective standards. Instead of the two-instance arbitral proceeding on challenge, which was applicable under the 2002 Zagreb Rules, the current Rules provide for a single instance challenge procedure which is subject to judicial control under Article 12 of the Croatian Arbitration Act. The single most important weakness of the system of challenge of arbitrators is the requirement that the arbitration proceedings be repeated in case of removal of an arbitrator. In this respect, the Rules differ sharply from major international arbitration rules which provide that, as a rule, the proceedings will continue before the newly appointed arbitrator.

Ključne riječi

arbitration; arbitration rules; challenge of arbitrators; Permanent Arbitration Court of the Croatian Chamber of Commerce

Hrčak ID:

139673

URI

https://hrcak.srce.hr/139673

Datum izdavanja:

30.4.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.178 *