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…

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.

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…

English Arbitration Act 1996 – Time for Reform? It is no secret that international commercial arbitration is well-developed in London and the UK (see https://www.akt.rs/en/publication/arbitrating-international-contract-disputes-in-england—why-and-how). But a solid legal framework of the Arbitration Act 1996, coupled with experienced and supportive courts, does not mean improvements are not needed. As much as courts react to new developments through their judgments, it might be beneficial to introduce or codify the innovations. International arbitration is competitive, and countries have a strong interest in maintaining modern legal frameworks to support their arbitration centres and attract (legal) business. Although there seems to be a consensus that there is no need of complete overhaul of the Arbitration Act, to retain the competitive advantage of England and Wales as a seat for commercial arbitration, it is likely that some type of reform will occur in the foreseeable future. Although the number of potential reform…

RULEBOOK ON FORMS IN THE HEALTH CARE SYSTEM According to this rulebook, the employer no longer has to know due to which illness the employee is on sick leave, ie the form on temporary incapacity for work should not contain the disease code. The employer does not have to know the employee’s disease code The Ministry of Health has passed the Rulebook on Forms in the Health Care System (“Official Gazette of the RS”, No. 31/2021), whose enforcement began in April this year. According to this rulebook, the employer no longer has to know due to which illness the employee is on sick leave, ie the form on temporary incapacity for work should not contain the disease code. The reason for the passing of such a rulebook is to provide greater protection of personal data, because the data on the employee’s disease code represent too much encroachment on…

Arbitrating International Contract Disputes in England – Why and How? The popularity and prestige of England and Wales as an arbitration jurisdiction is well-known, and this is particularly true concerning arbitrating in London. Despite uncertainties surrounding the impact of Brexit, when it comes to international arbitration there seems to be no noticeable negative change. On the contrary, as we will see, the case numbers are rising, commercial arbitration remains the most-popular resolution mechanism for international transactions, and primary attractions of England and London remain the same. Some of these were already discussed in the AKT blog (https://www.akt.rs/en/publication/english-contract-law-and-its-importance-for-international-commercial-transactions) but it is worth focussing on what arbitrating in London actually entails, in particular for companies such as those from Serbia. In broad terms, most attractive points for opting for London are the refined legal framework, strong support for arbitration by experienced courts, and a number of world-renown arbitral…