АРБИТРАЖНИ СПОРАЗУМ КАО ОСНОВ АРБИТРАЖНОГ РЕШАВАЊА ВИШЕСТРАНИХ И КОМПЛЕКСНИХ СПОРОВА
ARBITRATION AGREEMENT AS A FOUNDATION FOR RESOLVING COMPLEX AND MULTIPARTY DISPUTES

Summary/Abstract: The application of Arbitration as a method of resolving disputes is preconditioned by conclusion of the arbitration agreement. By the means of this instrument, the parties, besides conferring their dispute to the arbitration tribunal, also determine the procedural rules system to be applied. These rules, most often, are either of national or institutional character, and to some extent, they can be subject to certain contractual modifications aimed at their adjustment to the needs of resolving specific disputes. The need for adjustment of procedural rules to the features of the dispute is especially evident when disputes derail from those in that the creators of any procedural framework could have in mind, when formulating the specific provisions. The objective of this paper is to present some of the problems inherent to resolving complex or multiparty disputes in arbitration, as well as to offer possible solutions, applicable in the stage of negotiating the terms of arbitration agreement.

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