Croatia

2025 PAW, Annulment, Arbitration Reform, CEE, Croatia, Czech Republic, Eastern Europe, Lithuania, Romania, Set aside an arbitral award, Slovenia

(ESSEC Business School; Paragon Advocacy)/ /Leave a comment

As part of Paris Arbitration Week 2025, the Arbitration Association of Central and Eastern Europe (“ArbCEE”) hosted a roundtable discussion on “The Annulment of Arbitral Awards in the CEE.” The event was chaired by Rostislav Pekar (Squire Patton Boggs), hosted by Piotr Bytnerowicz (ByArb), and moderated by Veronika Korom (ESSEC Business School; Paragon Advocacy).  …

Corruption, Croatia, ICSID, Standard of Proof

(Brunel University London)/ /Leave a comment

The current debate on the future of the Investor-State Dispute Settlement (ISDS) system seems not to leave anyone indifferent. Two camps can be discerned in the debate; the first comprising those who would argue that ISDS is in need of reform, and the second those who defend the ISDS system as is. The MOL v….

Croatia, Energy Charter Treaty, Fair and Equitable Treatment, Israel, NAFTA, Paris Arbitration Week

(Addleshaw Goddard LLP)/ /Leave a comment

As part of the 2022 Paris Arbitration Week, Jeantet organised a round table on “The Fair and Equitable Treatment Standard: Update and Perspective”. The panel was composed of Yuriy Pochtovyk (Legal Official, Energy Charter Secretariat), Prof. Kaj Hobér (Associate Member, 3 Verulam Buildings), Barton Legum (Partner, Honlet Legum Arbitration), Irena Alajbeg (Croatian Ministry of Foreign and…

Achmea, Croatia, Energy Charter Treaty, Germany, Hungary, Investment Arbitration, Investment Treaties, Slovakia, Spain

(Linklaters LLP) and (Linklaters)/ /Leave a comment

The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see e.g. here, here, here, here, here, here and here). Nine months after the Court’s ruling, some tribunals have had the opportunity to react. Food for…

Arbitration, Croatia, Enforcement, Interstate arbitral awards, Slovenia

(Yale Law School)/ /1 Comment

On Thursday, the arbitral tribunal in Croatia/Slovenia rendered a final award on the merits of the dispute despite what a previous post on this blog called “severe breaches of duty of confidentiality and impartiality” during the arbitral proceedings. In commercial and investment arbitration, where procedural irregularities arise, either party can seek annulment of the award…

Arbitration, Confidentiality, Confidentiality and Transparency, Croatia, Independence and Impartiality, International arbitration, Slovenia

(Ministry of Foreign and European Affairs of the Republic of Croatia)/ /Leave a comment

The first weeks of 2017 have again seen an exchange between Croatia and Slovenia about the continued work of the Arbitral Tribunal expected to decide this year on the course of the boundary between the two states. The Tribunal – formed under the 2009 Arbitration Agreement – will do so despite Croatia’s decision to terminate…

Arbitration, Corruption, Criminal law and arbitration, Croatia, Domestic Courts, Investment Arbitration

(OMNIA STRATEGY LLP, London)/ /Leave a comment

  Arbitral tribunals are increasingly faced with allegations of corruption. In these situations, arbitral proceedings and criminal investigations frequently go in tandem. Their findings overlap and may influence one another. Regardless of the many instances where corruption is alleged, there have been only a few investment cases in which a finding of corruption was actually…

Arbitration, Arbitration Agreements, Croatia, International arbitration, Non-signatory

(ARP Attorneys)/ /Leave a comment

An extension of arbitration agreements to non-signatories has been a much discussed topic, also on this blog. Here is an insight from Croatian courts: In a judgment issued on 2 September 2014 (VSRH Revt-321/2013-2), the Croatian Supreme Court [“Court”] set aside an arbitral award rendered by the Permanent Arbitration Court at the Croatian Chamber of…

Appeal, Applicable Law, Arbitration, Arbitration Proceedings, Croatia, Small claims

(University of Aberdeen)/ /Leave a comment

In January 2015, a new arbitration institution, under somewhat ambiguous name of the Civil Arbitration Court (“Parnični arbitražni sud”) [“CAC”], was established. The program and rules provided by the CAC reveal its dedication to provide parties with an alternative forum for the resolution of disputes related to small claims, as in accordance with the principles…

Arbitration, Bribery, Corruption, Croatia, Investment Arbitration

(Georgetown University Law Center)/ /3 Comments

In the landscape of international investment arbitration the allegations of corruption have become more and more common. Confronted with investor’s claims before an arbitral tribunal, host states employ all possible legal arguments available to avoid potential liability and the subsequent payment of compensation. Investor’s corrupt acts have emerged as a potentially viable state defense in…

Confidentiality, Croatia, Independence and Impartiality, Slovenia, State-to-state arbitration

(University of Aberdeen)/ /14 Comments

On July 22, 2015, the transcripts and the audio recordings of the conversations between Dr. Jernej Sekolec, one of the arbitrators in the arbitration regarding the territorial and maritime dispute between the Republic of Croatia (“Croatia”) and the Republic of Slovenia (“Slovenia”), and Ms. Simona Drenik, one of the Slovenian representatives in the proceedings, became…

Croatia, Enforcement of an arbitration clause, Mediation, Multi-tiered clauses, Pre-arbitral procedure

(Central European University)/ /Leave a comment

Mediation has gained much popularity in Croatia in the last several years, and the Croatian legislator regulated enforceability of mediation in Article 18 of the Croatian Mediation Act (Official Gazette No. 18/2011, “the MA”). The solutions provided in the MA are to a large extent resembling the solutions in the UNCITRAL Model Law on International…