Originally from:
World Arbitration Reporter - 2nd Edition - Looseleaf
World Arbitration Reporter - 2nd Edition - Electronic
SLOVENIA
Aleš Galič*
I. INTRODUCTION: ARBITRATION IN SLOVENIA –
HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
Slovenia declared its independence from Yugoslavia in 1991. The
Yugoslav legislation (which in this part remained practically
unchanged until 2008) was based on the old Austrian law, contained
in the chapter on arbitration in the Austrian Zivilprozessordnung
from 1895. Compared to the other socialist countries, Yugoslavia had
a more liberal legislation in the field of arbitration. The concept of
“real” (voluntary) arbitration was retained.1 Yugoslavia was not a
party to the Moscow Convention, which formed the system of
compulsory arbitration in disputes between economic entities from
different Eastern European states. Since 1963, not only international,
but also domestic arbitration has been allowed and utilised in
practice. However, the necessity of an overall revision of arbitration
law in Slovenia was recognized already in the early nineties as the
old law appeared outdated and, in certain aspects, even ‘arbitration
unfriendly.’2 A comprehensive reform of arbitration law in Slovenia
was implemented in 2008, when the Arbitration Act (hereinafter:
AA) was adopted.3 The new law is based on the UNCITRAL Model
Law on International Arbitration. Although there are some
divergences between the Arbitration Act and the UNCITRAL Model
Law, Slovenia now counts as one of “model law jurisdictions.” It must
SLOVENIA
I. I. INTRODUCTION: ARBITRATION IN SLOVENIA –
HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
B. Arbitration Infrastructure and Practice in Slovenia
II. CURRENT LAW AND PRACTICE
A. Arbitration Agreement
1. Types and validity
2. Enforcing arbitration agreements
3. Effects on third parties and on the insolvency administrator
4. Termination and breach
B. Doctrine of Separability
C. Jurisdiction
1. Which forum decides jurisdiction
2. Prima facie determination
3. Competence-Competence
4. Interaction of national courts and tribunals
D. Arbitrability
E. Arbitral Tribunal
1. Status and qualification of arbitrators
2. Appointment of arbitrators
3. Challenge and removal
4. Arbitrator liability and immunity
F. Conducting the Arbitration
1. Law governing procedure
2. Conduct of arbitration
a) Basic procedural principles
b) Oral hearing
c) Default proceedings and extension of deadlines
d) Submissions and notifications
e) Waiver of right to object procedural errors
f) Language
3. Taking of evidence
a) Admissibility
b) Burden of proof
c) Standards of proof
d) Evidentiary means – in general
e) Documentary evidence and privilege, production of documents
f) Witnesses
g) Experts
4. Interim measures of protection
5. Interaction between national courts and
arbitration tribunals
6. Multiparty, multi-action and multi –contract
arbitration
7. Law and rules of law applicable to the merits
8. Costs
G. Arbitration Award
1. Types of award
2. Form requirements
3. Remedies
4. Decision making
5. Settlement
6. Effects of award
7. Amendment, correction or interpretation of the
award
8. Publication of the award
H. Challenge and Other Actions against the Award
1. Setting aside of the award
2. Appeal on the merits
III. RECOGNITION AND ENFORCEMENT OF AWARDS
A. Domestic Awards
1. Distinction between recognition and enforcement
2. Procedure of enforcement
B. Foreign Awards
IV. APPENDICES AND RELEVANT INSTRUMENTS
A. National Legislation (See CD ROM)
B. Arbitration Institutions
C. Bibliography in English and German Languages
D. Selected Bibliography in Slovenian Language
Aleš Galič is a Professor for Civil Procedural Law at the University of Ljubljana, Slovenia.
