ОПШТИ УСЛОВИ УГОВОРА И НАДЛЕЖНОСТ АРБИТРАЖЕ
THE GENERAL CONTRACTUAL TERMS AND CONDITIONS AND THE JURISDICTION OF ARBITRAGE

Summary/Abstract: The subject of analysis is the question of whether the jurisdiction of arbitrage is established by the statements by which the legal transaction has been entered into, if one of the contractual parties should make reference to the general conditions containing the compromise clause, while these 'conditions are to be found in a special document which is not enclosed with the statement referring to them (the general conditions). The reason for the posing of this question is the provision of Article 142. of the Law of Obligations. Having stated the diversity of opinion relative to the resolution of the given question, the author outlines various views in forcing and Yugoslav theory and practice. His own view is very similar to the view that the form which should be prescribed for the entering into an arbitrage contract (agreement) is the form ad probationem, for it offers the defendant the same or approximately the same legal protection as the form ad solemnitatem, but is better suited to the requirements of commercial arbitrage. Finally, the author concludes that the Rules or Arbitrage in Export Import Transactions in Belgrade should be construed to the effect that if the statement offering the entering into the main contract or the statement accepting that offer contains reference to the general conditions, then this is sufficient requirement for the establishment of the jurisdiction of that Arbitrage. The author rejects the possibility of adverse interpretation.

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