The Position of an Arbitrator in the Arbitration Procedure, Comparative Law Review Cover Image

Položaj arbitra u arbitražnom postupku - komparativno pravni pregled
The Position of an Arbitrator in the Arbitration Procedure, Comparative Law Review

Author(s): Marijana Dukić Mijatović
Subject(s): International Law, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: harmonization; arbitration; arbitration agreement; arbitration proceedings; arbitrator;

Summary/Abstract: In this paper, the author points out the importance of the quality of the arbitration trial, the fact that certainly affects the personality of the arbitrators themselves. In this work the author carried out a comparative review of legal solutions in the field of world legislators choice of arbitrators, their characteristics, powers and limitations in arbitration procedure and indicates in which direction it would be necessary to make the harmonization of national legislation, bearing in mind the current world standards set out in the field of arbitration law. By adopting modern laws, such as the Arbitration Law, as well as ratifying the major international conventions in this field have created the preconditions for better Arbitration trial with us, which leads to achieve greater legal certainty. Quality of the arbitration, with the theme of this aspect of the position of arbitrator in the arbitration proceedings are certainly as a direct implementation of the world's most important decision Convention, and harmonization with current international standards set in this field. The author concludes that it is necessary to continue the harmonization of national legislation, similar to the state with a rich tradition of arbitration, because the quality of arbitral awards in direct relation with personality caused and selected arbitrators and their position in the arbitration proceedings.

  • Issue Year: 2011
  • Issue No: 1
  • Page Range: 217-227
  • Page Count: 11
  • Language: Serbian