Region
Eastern Europe & Central Asia
Income group
Upper middle income
Most populous city
Belgrade

ACCESS DATA BY
ECONOMY OR TOPIC


or
Arbitrating Commercial Disputes Details
This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.
QuestionAnswer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions? Yes
* Has your country enacted a specific statute on commercial arbitration? Yes
Please list the relevant laws and the years of their adoption Law on Arbitration (Zakon o arbitraži) in force as of June 10, 2006 (Official Gazette of Republic of Serbia No. 46/2006)
* Please indicate the Web site(s) where the statute(s) can be consulted www.parlament.gov.rs/
www.pks.rs/en/ForeignTradeCourtofArbi ...moretration/tabid/2634/language/sr-Latn-CS/Default.aspx
...less
Is the statute based on UNCITRAL? Yes
Comment 1. The Law on Arbitration is applicable to both international and domestic arbitration pursuant to its Article 1.
2. With respect to the challenge procedure, the Law on Arbitration does not requ ...moreire that the challenge of an arbitrator be first raised before the arbitral tribunal and then before the court (Article 24).
3. The Law on Arbitration provides that upon an objection raised by a party, a court shall declare itself incompetent to hear the case unless it finds that the arbitration agreement is null and void, inoperative or incapable of being performed. The Law on Arbitration is silent on the status of arbitral proceedings pending a decision of the court, while the UNCITRAL Model Law states that arbitral proceedings may be commenced or continue pending a decision of the court.
4. The Law on Arbitration contains provisions on default language, which provides that until the language of proceedings is determined, statements of claim and defense and other written submission may be made in the language of the main contract or in Serbian (Article 35).
5. There are no specific provisions in the Law on Arbitration regarding granting of interim measures; however, the reference is made to the Serbian Law on Enforcement Procedure regulating such matters differently than the UNCITRAL Model Law.
6. The Law on Arbitration contains dispositive provisions on validity of an arbitration agreement in case of assignment of contract or claims or in case of subrogation.
7. The Law on Arbitration contains provisions on arbitration costs.
8. The Law on Arbitration regulates in more detail witness testimony in arbitration procedure.
9. The Law on Arbitration regulates cases when a party in the procedure waives its right to object to arbitration.
10. The Law on Arbitration regulates the right of the respondent to file a counterclaim against the claimant in the arbitration procedure.
...less
Are there other codes, statutes or legislative provisions governing commercial arbitration in your country? Yes
Please list the relevant laws and the years of their adoption Regulations of the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce (Official Gazette of the Republic of Serbia No. 52/07);
Law on Enforcement (Official Gazette of the Repub ...morelic of Serbia No. 125/2004);
Law on Litigation Procedure (Official Gazette of the Republic of Serbia No. 125/2004);
Law on Extra Litigation Procedure (Official Gazette of the Republic of Serbia No. 18/2005);
Law on Resolution of Conflict of Laws with Regulations of Other States (Official Gazette of the Republic of Serbia No. 46/2006).
...less
List web sites www.parlament.gov.rs/
www.pks.rs/en/ForeignTradeCourtofArbi ...moretration/tabid/2634/language/sr-Latn-CS/Default.aspx< ...less
Definition of domestic arbitration The Law on Arbitration does not provide for definition of domestic arbitration. However, from the wording of the Law on Arbitration it can be concluded that domestic (internal) arbitration is arbit ...moreration without foreign element. ...less
Definition of international arbitration International arbitration means arbitration of disputes that arise from international business relations, especially:
1. If the parties, at time of signing of arbitration agreement, have seats i ...moren different countries;
2. If the place of arbitration (set forth in the arbitration agreement or determined based thereon), the place where the major part of obligations should be carried out, or the place with which the subject of the dispute has the closest connection is located outside the State where the parties have their place of business; or
3. If the parties have agreed that the subject of arbitration is connected with more than one State.
...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country: No
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation): Yes
* (c) Disputes involving shareholder arrangements: Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions): Yes
(e) Securities transactions: Yes
List any additional commercial matters not listed above which are not arbitrable under your national law: On question 4(a) (Are the following types of disputes arbitrable under your country's national law: (a) disputes involving rights over immoveable property located within your country?):
Arbitrat ...moreion may be chosen for resolution of property disputes in relation to the freely disposable rights of the parties, except those disputes, which are under the exclusive jurisdiction of courts. (Article 5(1) of the Law on Arbitration).
Concerning commercial matters, the courts exercise exclusive jurisdiction over disputes involving rights over immovable property located in Serbia (Article 56 of the Law on Resolution of Conflict of Laws with Regulation of Other States).

List any commercial matters not listed above, which are not arbitrable under your national law:
Other non-arbitrable matters are:
disputes involving ownership or other property rights over aircrafts and ships, or disputes arising from the lease of aircrafts and ships;
disputes arising in connection with the enforcement procedure (court or administrative) or the bankruptcy procedure;
However, it is not clear whether claims involving antitrust matters are arbitrable under Serbian law.
...less
* Under your national law, is an arbitration agreement severable from the main contract? Yes
* Can an arbitration agreement be incorporated by reference? Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party Yes
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts) Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.) Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column) Yes
Comment State entities could submit to arbitration with respect to all issues, not under the exclusive jurisdiction of national courts. For example, arbitration is available in purchase and sale agreement of ...more public or state-owned assets. ...less
* Has your country ratified the ICSID Convention? Yes
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes? Yes
Comment Law on Medation and Conciliation (Official Gazette of the Republic of Serbia No. 18/2005)
Additional comment On question 7(d) (Can the following methods of concluding an agreement constitute a binding arbitration agreement: (d) by conduct e.g., performance on the part of one party?):
Per Article 12 of ...morethe Law on Arbitration, an arbitration agreement is deemed to exist if the claimant by written submission initiates the arbitration and the respondent expressly accepts the arbitration in writing or makes a statement in the minutes at the hearing, as well as if the respondent participates in the arbitration proceedings and fails to raise the objection of non-existence of the arbitration agreement before his first submission on the merits (Article 12 of the Law on Arbitration).

On Overview question (In your opinion has your country developed sound and workable laws to govern arbitrations in your country?):
The Law on Arbitration of 2006 is rather modern and in line with the UNICTRAL Model Law. During the few years since its adoption, it has proven to work well in practice. In addition, recognition and enforcement of arbitral awards is regulated now much better than prior to adoption of the Law on Arbitration when the rules on recognition of foreign awards were contained in the Law on Litigation, which was not the best solution and led to problems in practice.
...less
* Scored ** Bonus Question
This index compares rules for the arbitration process determining how easy it is for parties to design arbitration proceedings in their chosen manner and conduct fair and predictable arbitrations.
QuestionAnswer
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (a) the arbitrator(s)’ nationality: Yes
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (b) the arbitrator(s)’ gender: Yes
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (c) the arbitrator(s)’ professional qualifications: Yes
* May parties choose to conduct the arbitration proceedings in a foreign language in domestic arbitration? Yes
Comment On question 8A(a) (In a domestic arbitration may the parties freely choose arbitrators to resolve their dispute without regarding: (a) the arbitrator's nationality?):
No relevant laws of the Rep ...moreublic of Serbia contain restrictions on participation of foreign arbitrators in domestic arbitration. However, in light of the domestic (internal) nature of the dispute, a local party will never name a foreigner as its arbitrator, due to such arbitrator’s lack of knowledge regarding the domestic regulations.

On question 8A(d) (In a domestic arbitration may the parties freely choose arbitrators to resolve their dispute without regarding: (d) whether the arbitrator speaks the local language?):
The same comment applies to the restrictions regarding the language of the arbitrators.
...less
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (a) the arbitrator(s)’ nationality: Yes
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (b) the arbitrator(s)’ gender: Yes
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (c) the arbitrator(s)’ professional qualifications: Yes
* May parties choose to conduct the arbitration proceedings in a foreign language in an international arbitration? Yes
Comment It should be, however, noted that according to the rules of the only arbitral institution administering international commercial arbitration in Serbia (the Foreign Trade Court of Arbitration at the S ...moreerbian Chamber of Commerce), the chairman of the tribunal may only be chosen or appointed from the list maintained by that arbitral institution. ...less
* May the parties freely choose the method of appointing arbitrators to resolve their dispute e.g., by subscribing to arbitration institutional rules in a domestic arbitration? Yes
Comment The parties are not allowed to choose a foreign procedural law to govern domestic arbitration proceedings per Articles 2 and 32 of the Law on Arbitration.
* May the parties freely choose the method of appointing arbitrators to resolve their dispute e.g., by subscribing to arbitration institutional rules in an international arbitration? Yes
Comment N/A
* May the parties freely choose the number of arbitrators to resolve their dispute in a domestic arbitration? No
Comment It should be an odd number.
* May the parties freely choose the number of arbitrators to resolve their dispute in an international arbitration? No
Comment It should be an odd number.
* Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in a domestic arbitration? Yes
Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? Article 19(3) of the Law on Arbitration states that an arbitrator must be independent and impartial with respect to the parties and the subject matter of their dispute.
* Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? Yes
Comment Article 19(3) of the Law on Arbitration states that an arbitrator must be independent and impartial with respect to the parties and the subject matter of their dispute.
Article 25(1) of the Rul ...morees of the Foreign Trade Court of Arbitration, an arbitrator must disclose all circumstances that may indicate his lack of independence or impartiality with respect to the parties or the subject matter of their dispute.
...less
* May each party, if it chooses to do so, retain a foreign lawyer, not licensed to practice in your country, to represent it in an arbitration proceeding in a domestic arbitration Yes
Comment There are no provisions that contain this limitation; however, in light of the domestic nature of the dispute, a foreign representative will lack legal knowledge regarding domestic regulations.
* May each party, if it chooses to do so, retain a foreign lawyer, not licensed to practice in your country, to represent it in an arbitration proceeding in an international arbitration Yes
Comment A foreign party is expressly permitted to retain a foreign lawyer in the arbitration under the Rules of the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce (i.e. institutional a ...morerbitration). ...less
* Under your national law, are arbitrators expressly bound to preserve confidentiality of arbitration proceedings in a domestic arbitration? No
* Under your national law, are arbitrators expressly bound to preserve confidentiality of arbitration proceedings in an international arbitration? No
* Is online arbitration (or what is sometimes known as electronic Alternative Dispute Resolution) an available method of dispute resolution in your country for domestic arbitrations? No
* Is online arbitration (or what is sometimes known as electronic Alternative Dispute Resolution) an available method of dispute resolution in your country for international arbitrations? No
Comment On question 13 (Under your national law are arbitrators expressly bound to preserve confidentiality of proceedings?):
Arbitrators are not expressly bond to preserve confidentiality of arbitratio ...moren proceedings, but such obligation indirectly follows from Article 22 of the Law on Arbitration stating that the arbitrators are obliged to perform their duties faithfully and efficiently.

...less
* Are parties to an arbitration free to choose any arbitration institution, even one that is outside of your country, to administer their arbitration in a domestic arbitration No
* Are parties to an arbitration free to choose any arbitration institution, even one that is outside of your country, to administer their arbitration in an international arbitration Yes
Comment The law does not expressly prohibit this. However, in practice the parties to a purely domestic arbitration never choose a foreign arbitral institution. Please note that international arbitration u ...morender Serbian law is broadly defined and may also involve arbitration between two domestic parties. In that case, it is permitted and it is not unusual for the two domestic parties to choose a foreign arbitral institution. ...less
* Are there any arbitration institutions administering commercial arbitrations in your country? Yes
List the arbitration institutions Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce (international arbitration);
Permanent Arbitration Court at the Serbian Chamber of Commerce (domestic arbitration).
* List the arbitration institution's Web sites www.pks.komora.net
* How long, typically, would you estimate the period to be from the filing of the request for arbitration to the constitution of the arbitration tribunal in a domestic arbitration? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 2
* How long, typically, would you estimate the period to be from the filing of the request for arbitration to the constitution of the arbitration tribunal in an international arbitration? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 2
* How long, typically, would you estimate the period to be from the first hearing of the arbitration tribunal on the merits to the rendering of the arbitration award In a domestic/ international arbitration in your country? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 3
* How long, typically, would you estimate the period to be from the first hearing of the arbitration tribunal on the merits to the rendering of the arbitration award In a domestic/ international arbitration in your country? Answers:1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 3
Estimate the number of domestic commercial arbitrations carried out in your country's most commonly used arbitration institution within the past 12 months Answers: 1=0-5 cases; 2=6-20 cases; 3=21-100 cases; 4=101-1000 cases; 5=over 1000 cases; 6=N/A 2
Estimate the number of international commercial arbitrations carried out in your country's most commonly used arbitration institution within the past 12 months Answers: 1=0-5 cases; 2=6-20 cases; 3=21-100 cases; 4=101-1000 cases; 5=over 1000 cases; 6=N/A 3
Comment Domestic arbitrations are so rare that no relevant data is available.
* In an arbitration between a foreign owned company and your state or a state entity, can the parties freely choose the seat of arbitration (i.e., seat outside of your country)? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose institutional arbitration or ad hoc arbitration? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose the nationality of the arbitrators? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose foreign counsel? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose the applicable procedural rules? Yes
Are there any other restrictions with respect to party's autonomy in commercial arbitration if one of the parties is the state or a state entity? No
Comment Please note that the wording of Article 39 of the Law on Concessions (Official Gazette of the Republic of Serbia, No. 55/03) is not precise enough. It states that disputes which arise in connection ...morewith the concession rights and obligations with respect to immovable property shall be settled by a competent court in Serbia. All other disputes may be settled by domestic arbitration, and if the concessionaire is a foreign entity, international arbitration may be chosen. ...less
** How often does the state (or state entities) include arbitration clauses in their contracts with foreign companies? Answers: 1=Rarely; 2=Occasionally; 3=Usually; 4=Always or nearly always 2
* Is there a public authority designated to handle administrative, logistical and other issues related to investors’ disputes with the state or a state entity (e.g., specific agency, office of the Prime Minister, etc.)? No
Comment N/A
** How frequently do private parties in your country agree to attempt to settle their commercial disputes through mediation or conciliation? Answers: 1=Rarely; 2=Frequently; 3=Usually; 4=Always or nearly always 1
* Is there an institution (or institutions) in your country that administers the mediation or conciliation of commercial disputes? Yes
Comment Center of Mediation in Belgrade
Have any of the courts in your country adopted mandatory procedures for mediating commercial disputes (e.g., for screening cases and referring to mediation those that appear susceptible of settlement by mediation, or by establishing “multi-door court houses” that enable parties to choose between litigation and mediation of their disputes)? No
Comment There are several mediation centers and groups at the first instance courts.
Additional Comment The best indicator is that until now almost all decisions adopted by the Serbian arbitration institutions have been confirmed and enforced by competent courts.

There is a need to further d ...moreevelop the domestic institutional arbitration.
...less
* Scored ** Bonus Question
This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.
QuestionAnswer
* Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country? No
Comment It is difficult to determine whether the courts stated a "pro-arbitration” policy; however, as a general matter, they do not express an anti-arbitration policy.
* If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts? Yes
Comment However, some disputes may not be subject to arbitration, as provided by law, and the court may invalidate any agreement by the parties in that respect. Procedural fairness could be reviewed only du ...morering confirmation of an arbitration award. Until that moment the arbitration tribunal is fully independent in its actions from the court. However, the parties may ask for court assistance with implementing some preliminary measures to secure their claims, but this does not mean that court interferes in arbitration procedure. ...less
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
Comment Jurisdiction of the arbitral tribunal, previously agreed on by the parties, may not be changed by filling a claim in court. See Decision of the Higher Commercial Court No. 2494/2005 of March 24, 200 ...more5.

There is almost no case law available for domestic arbitrations, which are extremely rare in Serbia.
...less
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country? Yes
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country? Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations? Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations? Yes
Comment The court may order interim relief at the request of each party to the arbitration. Also the arbitration tribunal may ask a court for assistance with taking of evidence. (Articles 15 and 46 of the ...more Law on Arbitration). There is almost no case law available. ...less
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country? Yes
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country? Yes
* If an immediate need can be shown, how often do courts grant interim relief requests for assistance? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 2
List the law and article which provide for courts' assistance with interim relief. The court's authority to grant interim relief derives from the Law on Arbitration. However, the conditions for granting the relief and other issues related thereto are regulated by the Law on Enforc ...moreement Proceedings (Zakon o izvršnom postupku) (Official ...less
Comment On question 27.1 (How often do courts grant such requests for assistance if an immediate need is shown?):
There is not enough case law to provide a definite answer. The answer is based on the a ...moressessment of how the courts could be reacting in the circumstances described in the question.

On Overview question (Do the courts in your country provide the assistance that may be needed to ensure that arbitrations in your country proceed efficiently and fairly and in accordance with the agreement of the other parties?):
There is not enough case law on the issue.
...less
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)? Commercial Court of Belgrade
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court? Yes
* May a judgment of that court enforcing the award be appealed to a higher court or courts? Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts? Yes
If Yes, indicate the name of the court(s) of appeal Higher Commercial Court
* In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits? No
* In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits? No
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law? No
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence? No
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country. The indicated grounds refer to setting aside of domestic arbitral award,s i.e. domestic or international awards with the seat of arbitration in Serbia and the Serbian law as applicable procedural law ...more.
Other grounds include:
the arbitral award is based on a false witness or expert testimony or on a forged document, or
the award was rendered as a result of a criminal act committed by the arbitrator or a party, provided that such crime was established by a final judgment.
...less
* What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ? 0
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed? 30
Number of days on average necessary to enforce a domestic and international arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal? 105
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)? 15
Comment Please note that in the enforcement procedure after filing an application for enforcement there is no hearing scheduled by the court. The court renders the decision denying or allowing enforcement o ...moref award without a prior hearing.
...less
Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)? Commercial Court of Belgrade
** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court? Yes
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts? Yes
If Yes, indicate the name of the court(s) of appeal Higher Commercial Court
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy? Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"? No
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence? No
* Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts N/A
* What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* Number of days on average necessary to enforce a foreign arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ? 30
* Number of days on average necessary to enforce a foreign arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed? 30
Number of days on average necessary to enforce a foreign arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal? 120
* Number of days on average necessary to enforce a foreign arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)? 14
Comment The international award has to be recognized prior to its enforcement. This process of recognition (confirmation) could last from six months to a year.
* In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings? No
Additional Comment Confirmation (recognition) of a foreign arbitration award mostly depends on existence of reciprocity between two countries or whether the New York Convention is ratified by them.

Under th ...moree Law on Arbitration, a foreign arbitration award is defined as (i) an award rendered in another country (i.e. outside Serbia) or (ii) an award rendered in Serbia where the foreign law is applicable to the arbitration procedure.
...less
* Scored ** Bonus Question