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Private-Public Arbitration in Croatia-Recent Developments

Article 7 of the Croatian Arbitration Act officially allows state involvement in the arbitration proceedings. Additional opportunities for private-public arbitrations can be seen in the Act on Concessions and the Act on Private-Public Partnership . The most significant changes in private-public arbitrations were enacted in mid-2012. Croatian Government, at its meeting held on 20 June 2012 adopted the Decision on measures to encourage alternative and out of court settlements in civil cases in which one of the parties to the dispute is Republic of Croatia. All of the above has resulted in a powerful breakthrough of private- public arbitrations in the legal order of the Republic of Croatia. Private-public arbitrations were contractually agreed upon in a series of high profile government contracts. It is clear that the private-public arbitration in Croatia is contracted to resolve disputes of great value, disputes that decide on the allocation of substantial public resources. The subject of this paper, therefore, is to determine and display the legal framework of arbitration in general, including private-public arbitration in Croatia. I hope to come to conclusions and findings about the real extent of private-public arbitration in Croatia, especially in the last few years from the entry into force of the Government Decisions of 2012. Also, I am very interested in the impact of private-public arbitration on the transparency of allocation of public resources, and how private-public arbitrations affect citizens' trust in the legal system.

private-public arbitration; Croatia; government contracts

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