Original scientific paper
Challenge of Arbitrators Under the 2011 Zagreb Arbitration Rules
Davor Babić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Zrinka Mustafa
; law trainee
Abstract
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.
Keywords
arbitration; arbitration rules; challenge of arbitrators; Permanent Arbitration Court of the Croatian Chamber of Commerce
Hrčak ID:
139673
URI
Publication date:
30.4.2015.
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