International Commercial Arbitration at Slovenia
International Commercial Arbitration in Slovenia
1. Legal Framework
Arbitration Act:
Slovenia’s arbitration is governed primarily by the Arbitration Act (Zakon o arbitraži, ZArbit) adopted in 2001, which implements the UNCITRAL Model Law on International Commercial Arbitration (1985) with later amendments.
International Arbitration:
The Arbitration Act applies to both domestic and international arbitration, with specific provisions for international commercial arbitration.
European and International Treaties:
Slovenia is a party to key international instruments, including:
1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
European Convention on International Commercial Arbitration (1961)
2. Arbitral Institutions
The main arbitration institution is the Slovenian Arbitration Association (SAA), based in Ljubljana.
Other arbitration bodies may be used or parties may choose ad hoc arbitration under UNCITRAL Rules.
3. Seat of Arbitration
The seat (place) of arbitration is usually agreed by the parties and often chosen as Ljubljana, the capital of Slovenia.
The courts of Slovenia have limited jurisdiction in arbitration and act mainly to support the arbitral process (e.g., appoint arbitrators, assist in taking evidence).
4. Recognition and Enforcement of Awards
Slovenia enforces both domestic and foreign arbitration awards under the Arbitration Act and through its participation in the New York Convention.
Slovene courts respect arbitration agreements and will enforce awards unless procedural issues or public policy violations occur.
5. Key Features
Party Autonomy: Strong emphasis on parties’ freedom to determine arbitration procedure, rules, language, and number of arbitrators.
Court Intervention: Minimal, limited to cases where intervention is necessary (e.g., appointment of arbitrators if parties fail, setting aside awards).
Language: Proceedings can be conducted in any language agreed by parties, though Slovene is the official language.
6. Practical Considerations
Arbitration in Slovenia is a popular and trusted means of dispute resolution, especially for commercial and cross-border contracts.
Using the Slovenian Arbitration Association Rules or UNCITRAL Rules is common practice.
It’s advisable to draft clear arbitration clauses specifying the seat, governing law, language, and rules.
Sample Arbitration Clause (Slovenia)
"All disputes arising out of or in connection with this contract shall be finally resolved by arbitration under the Rules of the Slovenian Arbitration Association. The seat of arbitration shall be Ljubljana, Slovenia. The arbitration proceedings shall be conducted in English. The arbitral tribunal shall consist of three arbitrators. Slovenian substantive law shall govern the contract."
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