PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS
There is no unified and comprehensive definition of arbitration in legal science.3 Most of the positive regulations that regulate it, both in the world and in our country (the Arbitration Act), omit the issue of its definition. However, in science and in legal practice, arbitration is most often de...
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| Format: | Article |
| Language: | English |
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University of Banja Luka, Faculty of Law
2024-03-01
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| Series: | Годишњак Правног факултета у Бањалуци |
| Online Access: | https://godisnjak.pf.unibl.org/index.php/godisnjak/article/view/263 |
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| author | Драган Зелић Ненад Барош |
| author_facet | Драган Зелић Ненад Барош |
| author_sort | Драган Зелић |
| collection | DOAJ |
| description |
There is no unified and comprehensive definition of arbitration
in legal science.3 Most of the positive regulations that regulate it, both in the
world and in our country (the Arbitration Act), omit the issue of its definition.
However, in science and in legal practice, arbitration is most often defined
through arbitration dispute, its elements, course and legal effects, and through
indicating differences between arbitration and judicial process, i.e., arbitration
and other alternative dispute resolution methods. It is concluded that arbitration
is an alternative to judicial settlement of a dispute, formed by consensus or
consent of the will of the parties involved, private, and that its decisions are
legally binding and final.4 5 This paperwork is trying to explain differences and
different way of conducting in case when participants in arbitration cases are
from different legal systems, especially differences between the most important
and the most spreader legal systems in the world, European, civil law system
and Anglo-Saxon law (common law). In the second and third chapter, attention
is paid to the procedural and material differences between the continental and
the common law arbitration procedures, especially in differences between the
investigative (continental legal system) and the common law principles of the
proceedings. In the fourth chapter, the difference between the starting of the
arbitration procedure was dealt with, while in chapter five, special attention
was paid to the presentation of evidence in the mentioned legal systems. The witnesses and expert witnesses deal with the sixth and seventh chapters of the
paper, while the question of the privacy of the dispute is left behind for the last
chapter of the paper, followed by a conclusion.
|
| format | Article |
| id | doaj-art-5081e6336603436fb71f034ef220010d |
| institution | OA Journals |
| issn | 0350-9052 2233-0429 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | University of Banja Luka, Faculty of Law |
| record_format | Article |
| series | Годишњак Правног факултета у Бањалуци |
| spelling | doaj-art-5081e6336603436fb71f034ef220010d2025-08-20T01:52:58ZengUniversity of Banja Luka, Faculty of LawГодишњак Правног факултета у Бањалуци0350-90522233-04292024-03-01404010.7251/GOD1840133ZPRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONSДраган ЗелићНенад Барош There is no unified and comprehensive definition of arbitration in legal science.3 Most of the positive regulations that regulate it, both in the world and in our country (the Arbitration Act), omit the issue of its definition. However, in science and in legal practice, arbitration is most often defined through arbitration dispute, its elements, course and legal effects, and through indicating differences between arbitration and judicial process, i.e., arbitration and other alternative dispute resolution methods. It is concluded that arbitration is an alternative to judicial settlement of a dispute, formed by consensus or consent of the will of the parties involved, private, and that its decisions are legally binding and final.4 5 This paperwork is trying to explain differences and different way of conducting in case when participants in arbitration cases are from different legal systems, especially differences between the most important and the most spreader legal systems in the world, European, civil law system and Anglo-Saxon law (common law). In the second and third chapter, attention is paid to the procedural and material differences between the continental and the common law arbitration procedures, especially in differences between the investigative (continental legal system) and the common law principles of the proceedings. In the fourth chapter, the difference between the starting of the arbitration procedure was dealt with, while in chapter five, special attention was paid to the presentation of evidence in the mentioned legal systems. The witnesses and expert witnesses deal with the sixth and seventh chapters of the paper, while the question of the privacy of the dispute is left behind for the last chapter of the paper, followed by a conclusion. https://godisnjak.pf.unibl.org/index.php/godisnjak/article/view/263 |
| spellingShingle | Драган Зелић Ненад Барош PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS Годишњак Правног факултета у Бањалуци |
| title | PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS |
| title_full | PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS |
| title_fullStr | PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS |
| title_full_unstemmed | PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS |
| title_short | PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS |
| title_sort | practical aspects of applying different legal traditions in international arbitrations |
| url | https://godisnjak.pf.unibl.org/index.php/godisnjak/article/view/263 |
| work_keys_str_mv | AT draganzelić practicalaspectsofapplyingdifferentlegaltraditionsininternationalarbitrations AT nenadbaroš practicalaspectsofapplyingdifferentlegaltraditionsininternationalarbitrations |