engleski

Termination of arbitral proceedings by order of the arbitral tribunal

Under the Croatian Arbitration Act the tribunal is authorised to terminate the proceedings in four separate instances - claimant’s default, claim’s withdrawal, parties’ agreement on termination of the proceedings and the situation when continuation of the proceedings became either unnecessary or impossible. In each of the instances the tribunal will have to issue a constitutive order for termination. Since the termination of the proceedings represents the tribunal’s obligation, rather than its right, the tribunal will have no discretion not to issue such an order. The order to terminate the proceedings will have no res iudicata effect, and will terminate the proceedings without prejudice to the claimant initiating new proceedings later on. Thus, the tribunal should be careful not to terminate the arbitral proceedings prior to fully and properly analysing all the relevant circumstances. The paper analyses the different situations leading to the termination of the proceedings as well as the nature of the (procedural) order issued by the tribunal in those situations and its legal effects.

termination of the arbitral proceedings, procedural order, Croatian Arbitration Act

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