26. Sep 2017
Representatives of Marjanović Law participated in the seminar “Institutional Efforts to Enhance Arbitration” which was held on 22 September at the premises of the Faculty of Law, University of Belgrade. By participating in the panel discussion, we made our contribution in the review of efforts taken with an aim of promotion of arbitration in Serbia.
Arbitration, as an alternative method of dispute resolution, has almost a centennial tradition in Serbia, and as of 2006 more than 250 parties from different countries were included in the international corporate arbitration on the territory of Serbia. There are two permanent arbitral institutions in Serbia, Belgrade Arbitration Center (BAC) and Permanent arbitration at the Serbian Chamber of Commerce and Industry, which was founded in 2016 for the purpose of replacing the two existing independent arbitration institutions within the Chamber.
Panelists of the subject discussion were James Menz, Deputy Secretary General of the German Institution of Arbitration (DIS), Vladimir Pavić, professor at the Faculty of Law and vice-president of Belgrade Arbitration Center, Senka Mihaj, Partner in Mihaj, Ilić & Milanović Law Office in Belgrade, and Miroslav Paunović, attorney at law from Belgrade and long-time arbiter of Foreign Trade Arbitration at the Serbian Chamber of Commerce and Industry. The panel discussion was chaired by Filip Boras, Partner of Baker McKenzie Austria.
Following the presentation of James Menz, the attendees of the seminar had the opportunity to learn about the work of German Institution of Arbitration and to hear the new solutions adopted with the aim of promotion of the institution’s work and performance, while professor Vladimir Pavić recapped the first experiences of BAC and novelties in the rules of arbitral procedure defined in the BAC Rulebook (Belgrade rules). Having in mind that Belgrade rules are quite new and in the phase of implementation, the remarks of James Menz with regard to functioning of German Institution of Arbitration were out of vast importance, as it is one of the leading arbitration institutions in the world.
In that regard, the panelists exchanged experiences obtained in their long-standing arbitration practice, with a particular focus on certain “problematic” issues which occur in procedures before arbitration courts. Some of the significant topics at the panel discussion were topics related to the average length of the arbitration procedure, the composition of the arbitration court depending on the dispute value, the question of information confidentiality obtained in the arbitration procedure, the costs of the procedure, etc.
In addition, the subject of the participants’ discussion was the new institute in the rules of German Institution of Arbitration named “early case assessment”, introduced with the aim of improving the efficiency and pragmatism of the procedure. However, the conclusion of the majority of participants was that such solution should be taken with caution, since it may prejudge the final outcome of the procedure.
Being a law firm which provides its clients with, inter alia, legal advisory services and representation in different arbitration procedures, we truly believe that more events and discussions on this subject will be held in future, providing a chance for companies and entrepreneurs to get acquainted with the possibility of alternative dispute resolution on one side, and the efforts to develop and improve the arbitration in Serbia, on the other side.