engleski

Arbitration proceedings pursuant to legal profession act and notaries public act

Two new Acts - Legal Profession Act and Notaries Public Act - require lawyers and notaries public to carry compulsory insurance for damages incurred to their clients by performing legal or notary services. If parties to such insurance agreements, i.e. their professional organizations (Croatian Bar Association or Croatian Chamber of Notaries on one hand, the insurers on the other and the Ministry of Justice as third party) fail to agree upon the insurance conditions, these conditions have to be determined by the Permanent Arbitration Court at the Croatian Chamber of Commerce. By these provisions, a new form of arbitration, the so-called compulsory arbitration, was imported into Croatian arbitration law. The scarce wording of these new Acts raises questions on the possibility of its implementation within the present legal framework. The author argues that most of the problems may be solved by an analogous interpretation of the existing arbitration rules and other procedural provisions.

arbitration; lawyers; notary public

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