Legal nature of relationship between arbitrator and parties: Receptum arbitri
In this paper author analyses legal nature of relationship between arbitrator and parties as well as the source of arbitrator's rights and duties. In comparative law there are two opinions about that subject: the first is that the role of the arbitrator is regulated by the law and that his righ...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2020-01-01
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| Series: | Strani pravni život |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2020/0039-21382001017X.pdf |
| _version_ | 1819266135537745920 |
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| author | Jovičić Katarina A. |
| author_facet | Jovičić Katarina A. |
| author_sort | Jovičić Katarina A. |
| collection | DOAJ |
| description | In this paper author analyses legal nature of relationship between arbitrator and parties as well as the source of arbitrator's rights and duties. In comparative law there are two opinions about that subject: the first is that the role of the arbitrator is regulated by the law and that his rights and duties are the matter of the status of arbitrator. The second opinion, however, points out that that relation is regulated by a special contract - receptum arbitri, which arbitrator and parties conclude with one another. In contemporary law the second view prevails and that opinion is supported in this article. The analysis of the relationship between the arbitration agreement and receptum arbitri, the legal nature of the receptum arbitri, rights and duties of the contracting parties and legal remedies in case of breach of the contract clearly points to the specifics of receptum arbitri. In conclusion author claims that those specifics are necessary in order to fulfil the main goal of the arbitration proceedings which is to obtain arbitration decision legally binding as the final court decision. |
| first_indexed | 2024-12-23T20:56:28Z |
| format | Article |
| id | doaj.art-e83282f632c749f5aa7be7028ae87e04 |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-12-23T20:56:28Z |
| publishDate | 2020-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-e83282f632c749f5aa7be7028ae87e042022-12-21T17:31:30ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272020-01-012020117280039-21382001017XLegal nature of relationship between arbitrator and parties: Receptum arbitriJovičić Katarina A.0Institut za uporedno pravo, BeogradIn this paper author analyses legal nature of relationship between arbitrator and parties as well as the source of arbitrator's rights and duties. In comparative law there are two opinions about that subject: the first is that the role of the arbitrator is regulated by the law and that his rights and duties are the matter of the status of arbitrator. The second opinion, however, points out that that relation is regulated by a special contract - receptum arbitri, which arbitrator and parties conclude with one another. In contemporary law the second view prevails and that opinion is supported in this article. The analysis of the relationship between the arbitration agreement and receptum arbitri, the legal nature of the receptum arbitri, rights and duties of the contracting parties and legal remedies in case of breach of the contract clearly points to the specifics of receptum arbitri. In conclusion author claims that those specifics are necessary in order to fulfil the main goal of the arbitration proceedings which is to obtain arbitration decision legally binding as the final court decision.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2020/0039-21382001017X.pdfarbitration proceedingarbitrator as the private judgereceptum arbitrirights and duties of the arbitrators and partieslegal remedies for breach of contract |
| spellingShingle | Jovičić Katarina A. Legal nature of relationship between arbitrator and parties: Receptum arbitri Strani pravni život arbitration proceeding arbitrator as the private judge receptum arbitri rights and duties of the arbitrators and parties legal remedies for breach of contract |
| title | Legal nature of relationship between arbitrator and parties: Receptum arbitri |
| title_full | Legal nature of relationship between arbitrator and parties: Receptum arbitri |
| title_fullStr | Legal nature of relationship between arbitrator and parties: Receptum arbitri |
| title_full_unstemmed | Legal nature of relationship between arbitrator and parties: Receptum arbitri |
| title_short | Legal nature of relationship between arbitrator and parties: Receptum arbitri |
| title_sort | legal nature of relationship between arbitrator and parties receptum arbitri |
| topic | arbitration proceeding arbitrator as the private judge receptum arbitri rights and duties of the arbitrators and parties legal remedies for breach of contract |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2020/0039-21382001017X.pdf |
| work_keys_str_mv | AT jovicickatarinaa legalnatureofrelationshipbetweenarbitratorandpartiesreceptumarbitri |