Publications

As much as it might seem optimistic to say that pandemic times are behind us, there is certainly a trend to look towards the future in which at least the gravest restrictions of pandemic times are unlikely to occur. This is so in arbitration world as well, in particular regarding the extent to which the legacy of technology use during previous years is likely to live on or even expand. Along those lines, ICC has recently published its Report on Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings (https://iccwbo.org/publication/icc-arbitration-and-adr-commission-report-on-leveraging-technology-for-fair-effective-and-efficient-international-arbitration-proceedings/) . In addition to plethora of relevant information and guidance, the Report also contains a 2021 survey among arbitration professionals and other individuals related to arbitration concerning the experiences and predictions of using technology in arbitration in the pre-, during and post-pandemic context (see for all below data pages 41-45 of the Report). Despite its expected…

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MEDICAL LAW Medical Malpractice A medical malpractice, as a central concept of medical law, is a doctor’s action contrary to the rules of the medical profession or non-compliance with the rules that make up the medical standard. The specificity of the profession, which is based on the protection of human health and life, affects the fact that medical malpractice has a bigger impact than errors that can occur in other professions. Our Health Care Law uses the term professional error. Professional error means negligent performance of health activities in the form of neglect of professional duties in providing health care, negligence or omission, or non-compliance with established rules of the profession and professional skills in providing health care, which leads to injury, damage, deterioration of health or loss of body parts of the patient. Responsibility for professional error is determined in disciplinary proceedings before the competent body…

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AKT Todorovic and Partners Prevails in a BAT Arbitration It is with great pleasure that we can announce that AKT Todorovic and Partners, representing Mr Aleksandar Kostoski as a respondent, has prevailed in a Basketball Arbitration Tribunal (BAT) Arbitration 1730/21 IBC Balkan v Kostoski. The sole arbitrator, Klaus Reichert SC, has issued his award on 21 March 2022 and has completely dismissed all the substantive claims against Mr Kostoski, and has ordered full administrative costs to be borne by IBC Balkan as claimant, as well as awarding the legal representation fees to our client. This is a fantastic and well-deserved outcome for our client, and AKT has been happy to assist to reach this just result. The AKT team on this case has been led by Dr Ivan Todorović and Dr Velimir Živković as of counsel, with generous support from the whole AKT staff. The case has involved interesting issues…

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Ex Aequo et Bono Decision-making in International Arbitration: Risks and Benefits Lawyers and parties litigating in national legal systems, and even those familiar with the most of international commercial arbitration, are used to the fact that the merits (substance) of the dispute will eventually be resolved in accordance with some national law. In many, or most, situations that law might only play a gap-filling role and leave the brunt of rules to be within a contract or other instrument between the parties. But if those rules are silent, or issues such as vitiating factors, proper interpretation, or calculation of damages come into play, some national legal system is always there to provide default solutions. What if the merits are to be decided without reference to any particular legal system? This is in essence what is known as deciding ex aequo et bono. The Latin term translates as ‘according to…

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Sports Arbitration – What, Why, How? The AKT Blog has previously dealt with different arbitration, including particular sports arbitration mechanisms (see https://www.akt.rs/en/publication/proceedings-before-basketball-arbitration-tribunal–bat-). But it is also worth taking a step back and discussing some of the fundamentals of this subfield, namely why it exists and how it aims to fulfil some of the goals that are specific to disputes arising in the world of sport. Put simply, sports arbitration aims to bring a level playing field to disputes between (usually) individual athletes and their clubs, managing agencies, or national organizations. As the world of sport is famously multi-national, there can exist a complex mixture of nationalities and jurisdictions involved, making dispute resolution potentially complex, slow and/or costly. This last point is of special importance – although quick and cheap settlement of disputes is always desirable, there are additional reasons when it comes to athletes and sports competitions.

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PROCEEDINGS BEFORE BASKETBALL ARBITRATION TRIBUNAL (BAT) The procedure before the Basketball Arbitration Tribunal is regulated by the BAT rules of arbitration and what distincts it from other court procedures are the rules on one selected arbitrator, resolving disputes on an ex aequo et bono principle, no hearing of parties, limited number of submissions during the procedure and other rules whose immediate goal is to shorten and resolve disputes faster and more efficiently. One of the most important issues related to the proceedings before the Basketball Arbitration Tribunal is what rules apply during the proceedings. The application of the BAT Arbitration Rules is envisaged, and for other issues not regulated by these rules, the provisions of Chapter 12 of the Swiss Federal Law on Private International Law will be applied accordingly, regardless of the residence or domicile of the parties to the dispute. Beginning of the procedure The initial act…

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