Alternate Dispute Resolution Law at Serbia
Serbia has developed a comprehensive framework for Alternative Dispute Resolution (ADR), encompassing mediation, arbitration, and out-of-court settlement mechanisms. This framework aims to provide efficient, accessible, and cost-effective alternatives to traditional litigation.(
⚖️ Legal Foundations of ADR in Serbia
1. Law on Mediation in Resolving Disputes (2014)
Serbia's primary legislation on mediation is the Law on Mediation in Resolving Disputes, enacted in 2014. This law establishes the legal basis for mediation, promoting it as a voluntary and confidential process for resolving disputes without judicial intervention. It applies to civil, commercial, and family disputes, among others. The law mandates the establishment of a registry for mediators and sets standards for mediator training and certification. It also outlines procedures for initiating mediation and the enforceability of mediated agreements .(WIPO)
2. Law on Arbitration (2006)
The Law on Arbitration, adopted in 2006, governs both domestic and international arbitration in Serbia. It is based on the UNCITRAL Model Law and provides a framework for the arbitration process, including the formation of arbitral tribunals, conduct of proceedings, and recognition and enforcement of arbitral awards. The law allows parties to agree on arbitration clauses in contracts and specifies the procedures for initiating and conducting arbitration .(WIPO)
🏛️ Institutional Support for ADR
1. Permanent Arbitration Court at the Serbian Chamber of Commerce
Established in 1947, the Permanent Arbitration Court at the Serbian Chamber of Commerce is one of the oldest arbitration institutions in the region. It provides arbitration services for both domestic and international commercial disputes. The court operates under its own set of rules and offers a neutral platform for resolving disputes efficiently .
2. Belgrade Arbitration Center (BAC)
Founded in 2013, the Belgrade Arbitration Center is a modern institution that administers both domestic and international arbitration cases. It also offers mediation services and assists in ad hoc arbitration proceedings. The BAC aims to provide a flexible and accessible forum for dispute resolution, with a focus on international commercial disputes .(CMS Law)
🧑⚖️ ADR in Practice
1. Mediation
Mediation is promoted as a voluntary and confidential process for resolving disputes. The Serbian Ministry of Justice has been actively encouraging the use of mediation through initiatives like "Mediation Week," which showcases the benefits of mediation to the public and legal professionals. Additionally, amendments to the Law on Court Fees have been introduced to incentivize parties to consider mediation before initiating court proceedings .(mpravde.gov.rs)
2. Arbitration
Arbitration is increasingly recognized as a viable alternative to litigation, particularly for commercial disputes. The Permanent Arbitration Court and the Belgrade Arbitration Center provide institutional support for arbitration proceedings. Arbitration offers advantages such as confidentiality, flexibility, and the ability to select specialized arbitrators .(CMS Law, Stojković Attorneys)
🌐 International ADR Engagement
Serbia is a signatory to several international treaties relevant to ADR, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the European Convention on International Commercial Arbitration. These treaties facilitate the recognition and enforcement of foreign arbitral awards in Serbia and Serbian awards abroad .
✅ Conclusion
Serbia's ADR framework is characterized by a well-established legal foundation and active institutional support, offering effective alternatives to traditional litigation. With ongoing initiatives to promote mediation and a robust arbitration system, Serbia provides parties with accessible and efficient means of resolving disputes.
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