LEGAL NATURE OF ARBITRATION

Authors

  • Jelena Vukadinović Institute of Comprative Law, Belgrade

Keywords:

legal nature, arbitration, contractual theory, jurisdictional theory, mixed theory, sui generis theory

Abstract

Analyse of a legal nature of arbitration aimed at comparing the similarities and differences with other related institutes, in order to determine the place of arbitration in the legal system of a given country. How this issue is primarily a theoretical question, the debate boils down to an analysis of existing opinions in legal theory and possible confirmation in court practice. Thus, the legal nature of arbitration depends of which of element is given a decisive importance. In the paper are analysed jurisdictional, contractual, mixed and sui generis theories.

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Published

2016-07-06

How to Cite

Vukadinović, J. (2016). LEGAL NATURE OF ARBITRATION. Revija Za Evropsko Pravo, 18(1), 133–149. Retrieved from http://revija.pravoeu.org/index.php/REP/article/view/84