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Ljubljana Arbitration Centre at the Slovenian Chamber of Commerce and Industry
The Ljubljana Arbitration Centre (LAC) is a body organised within the Slovenian Chamber of Commerce and Industry and is the central arbitration institution in Slovenia. The LAC is an autonomous and independent administrative body that provides a wide range of dispute resolution services, most notably arbitration, mediation and conciliation.[1]
The LAC has a long-standing tradition of dispute resolution as it has developed from the Tribunal of the Ljubljana Chamber of Trade, Craft and Industry, established in 1928. Since Slovenia is an UNCITRAL Model law country, the LAC emphasises Slovenia’s geostrategic position and modern legislative framework as the main assets to be considered when opting for the LAC as the designated forum for dispute resolution in the region. The LAC also remains closely connected to UNCITRAL, and they co-organise a yearly event, Joint UNCITRAL-LAC Conference on Dispute Settlement. This event is well established in the region and allows practitioners and academics to exchange views on recent developments in dispute resolutions.[3]
Ljubljana Arbitration Rules
The Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the Ljubljana Arbitration Rules) entered into force on 1 January 2014. The Ljubljana Arbitration Rules mirror recent developments in alternative dispute resolution. They are available in Slovenian, English, German, Serbian, Macedonian, Croatian and Albanian. The standard arbitration clause reads as follows:
“Any dispute, controversy or claim arising out of or in connection with this contract, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia”.[4]
Recommended additions to the standard clause include the choice of the number of arbitrators, the seat, the language of the arbitration and the applicable substantive law.
Rules for Expedited Arbitral Proceedings
For lower complexity disputes or disputes where the amount in dispute is small, the LAC suggests that parties include the standard arbitration opt-in clause in their contract for the application of the Rules for Expedited Arbitral Proceedings,[5] which are designed to enable a faster and more cost-effective resolution of a dispute.
Emergency Arbitrator Proceedings
The Ljubljana Arbitration Rules also provide for Emergency Arbitrator Proceedings by default.[6] Where the parties wish to opt out of Emergency Arbitrator Proceedings, the LAC recommends that they include the standard arbitration clause for the exclusion of the provisions on the Emergency Arbitrator Proceedings in their contract.
Alja Romsak, Aceris International Arbitration Law Firm
[1] LAC is composed of the Board and the Secretariat. The Board adopts key decisions on the operation of the LAC and renders opinions regarding the development of arbitration in the region and the Secretariat administers and supervises the day-to-day case management. For a more detailed presentation, see link: http://www.sloarbitration.eu/en/The-LAC/About-the-LAC.
[2] Official logo of LAC; Source: http://www.sloarbitration.eu/en/The-LAC/About-the-LAC.
[3] Ljubljana Arbitration Centre’s headquarters, Source: http://www.sloarbitration.eu/Portals/0/LiveRotator/526/Images/stalna-arbitraza-vstopna-gzs.jpg
[4] Link: http://www.sloarbitration.eu/en/Arbitration/Standard-Clauses/English.
[5] Article 48 of the Ljubljana Arbitration Rules.
[6] Appendix III, the Ljubljana Arbitration Rules.