Pregledni rad
https://doi.org/10.21857/m8vqrtzov9
Arbitration as a Means of the Peaceful Settlement of Disputes with a Special Focus on the Boundary Dispute between Croatia and Slovenia
Tena Vuk
; Odvjetnički ured Vidmar i partneri j.t.d., Zagreb, Hrvatska
Sažetak
Arbitration is a means of peaceful settlement of disputes. The basis of arbitration is agreement between parties that they will solve their dispute by means of arbitration. Essential features of arbitration are as follows: the judgement is the implementation of positive law concerning the dispute in question; it is obligatory for the parties and hence ought to be executed. Arbitration is regulated by the Convention for the Peacific Settlement of International Disputes, Hague, 1907 and the Convention on Conciliation and Arbitration within the Organization for Security and Co-operation in Europe, 1992. There are two types of arbitration: occasional or ad hoc arbitration and institutional arbitration. The difference between the two is as follows: either such agreement is concluded for the purpose of settling an already arisen individual dispute or there exists an earlier concluded agreement for settling future disputes through arbitration. The advantages of arbitration are flexibility and rather fast pace of proceedings, the possibility of secrecy and lesser impact of former international judgements on decisions made by arbitration councils. The Convention for the Pacific Settlement of International Disputes concluded in 1899 during the first Hague Peace Conference set ground for founding the Permanent Court of Arbitration. The seat thereof is in The Hague. The proceedings of the arbitration are more flexible when compared to the proceedings before the International Court, in which case the proceedings are strictly regulated by the provisions of the Statute. One of the examples of arbitrary disputes is the Croatia-Slovenia dispute. After failed attempts to solve boundary issues between Croatia and Slovenia, both parties decided to resolve the issue by means of arbitration. They signed the arbitration agreement. The Arbitration Tribunal was established, which should determine the course of the maritime and land boundary between the two states, Slovenia’s junction to the High Seas, and the regime for the use of the relevant maritime areas. The proceeding were initiated, but the representatives of Slovenia got hold of confidential information, which caused Croatian representatives to become justly suspicious of the credibility of the entire proceedings. Croatian representatives now request the disapplication of the agreement and the suspension of the proceedings.
Ključne riječi
arbitration; agreement, ex parte communication; International Court; decision of the arbitral tribunal; ad hoc arbitration; suspension of the proceedings
Hrčak ID:
222251
URI
Datum izdavanja:
28.6.2019.
Posjeta: 4.407 *