Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Pursuant to Article 18 of the Yugoslav
Chamber of Commerce and Industry Act ("Official Gazette of the
Federal Republic of Yugoslavia" no. 53/92) and Article 24 of the
Statute of the Yugoslav Chamber of Commerce and Industry ("Herald
of the Yugoslav Chamber of Commerce and Industry" no. 1/93, special
issue), the Assembly of the Yugoslav Chamber of Commerce and
Industry at its session held on October 15, 1997 and its session
held on October 31, 2001 (The Articles 3 end 5 of the Rules were
amended at the session held in October 31, 2001), enacted
I GENERAL PROVISIONS
1. DEFINITION AND STATUS
2. COMPOSITION OF THE ARBITRATION
3. THE PRESIDENCY AND THE
4. THE SECRETARIAT AND SECRETARY
The Yugoslav Chamber of Commerce and Industry
shall provide funds necessary for the work of the Arbitration, and
shall supervise the administrative work and finances of the
1. MEDIATION BY THE ARBITRATION
2. REQUEST FOR CONCILIATION
3. THE ROLE OF THE SECRETARIAT
4. CONCILIATION COMMISSION
III RESOLUTION OF DISPUTES
1. JURISDICTION OF THE ARBITRATION
1.1. DISPUTES ARISING OUT OF INTERNATIONAL BUSINESS
If the parties have agreed upon or accepted jurisdiction
of the Arbitration, and if at least one of them is a foreign legal
or natural person, the Foreign Trade Court of Arbitration settles
disputes arising out of international business relations, including
but not limited to:
1.2. THE NOTION AND CONCLUSION OF THE ARBITRATION
1.3. SEPARABILITY OF THE ARBITRATION AGREEMENT
The nullity or non-existence of the main agreement does
not result in the nullity of the arbitration clause.
1.4. ESTABLISHING THE EXISTENCE OF THE ARBITRATION
1.5. ACCEPTANCE OF JURISDICTION
If the Narrower Presidency establish that no arbitration
agreement is contained in the documents submitted by the claimant,
the Secretariat of the Arbitration shall request the Defendant to
state, within 30 days from the date of receipt of the request,
whether he accepts the jurisdiction of the Arbitration. If the
defendant fails to reply, or refuses to accept jurisdiction, the
Secretariat of the Arbitration shall notify the claimant that
arbitration cannot take place.
1.6. DECLINING OF JURISDICTION
1.7. ASCERTAINING JURISDICTION
1.8. A PLEA CONTESTING JURISDICTION
2. INSTITUTION OF ARBITRAL PROCEEDINGS
2.1. SUBMITTING OF THE CLAIM
2.2. INSTITUTION OF THE PROCEEDINGS WITHOUT A PRIOR
Arbitral proceedings may begin even without a prior
2.3. ANSWER TO THE CLAIM
2.5. JOINING OF CLAIMS AND PROCEEDINGS
If the parties have submitted to the Arbitration several
claims against each other which arise out of various legal
relations, the Secretariat of the Arbitration shall try to join the
proceedings concerning these claims and to have them decided by the
same Arbitral tribunal, for the purpose of economy of
2.6. SERVICE OF PROCESS
3. SOLE ARBITRATOR AND ARBITRAL TRIBUNAL
3.2. SOLE ARBITRATOR
3.3. ESTABLISHMENT OF THE ARBITRAL TRIBUNAL
3.4. COMMON ARBITRATOR
If in a dispute there are several claimants and/or
defendants, as parties to the dispute, they shall agree in advance
on the choice of a common arbitrator. If they fail to agree within
the time-limits provided for by these Rules, the arbitrator shall
be appointed by the President of the Arbitration.
3.5. REPLACEMENT OF AN ARBITRATOR
3.6. CHALLENGE OF ARBITRATORS AND EXPERTS
3.7. RESTRICTIONS ON ARBITRATORS
3.8. ARBITRATOR'S ACCEPTANCE
4. ARBITRAL PROCEEDINGS
4.2. THE TIME-LIMITS
4.3. LOCATION OF THE HEARING
4.4. THE LANGUAGE
1. The arbitral proceedings are conducted in the Serbian
2. The parties may agree that the proceedings be conducted
in some other (foreign) language, provided that they pay all the
additional costs (translation of documents, evidence and
3. If the members of the Arbitral tribunal or the sole
arbitrator are foreign citizens appointed by the parties, the party
that appointed the arbitrator shall bear the costs of translation
of the documents, evidence, the hearings and the in camera
deliberations of the Arbitral tribunal.
4. The written correspondence of the Secretariat with the
foreign party that is not represented by a domestic person, and
that clearly has no knowledge of the Serbian language, is conducted
in English or in some other foreign language.
4.5. TAKING OF EVIDENCE
1. The arbitrators shall decide on the presentation of
evidence according to the requests of the parties or at their own
initiative. They may order the presentation of evidence in the
course of the whole proceedings.
2. The arbitrators shall weigh the value of the evidence
presented at their own discretion.
3. The parties shall cooperate in the presentation of
evidence and take all measures required from them for the purpose.
Their refusal or omission shall be noted in the record.
4.6. WITNESSES AND EXPERTS
1. The evidence is presented in the evidence proceedings
by hearing the witnesses, the parties and experts.
2. The arbitrators may order the parties to bring
witnesses, and may also directly summon witnesses.
3. As a rule, witnesses and experts shall be heard by
4. The arbitrators may request courts of law to take
individual items of evidence which they themselves are not able to
5. The expert shall be appointed by the Arbitral tribunal
or the sole arbitrator.
4.7. RULINGS CONCERNING THE CONDUCT OF THE
1. In the course of the proceedings the arbitral tribunals
or the sole arbitrator may take rulings on procedural acts which
they deem to be necessary, such as: depositing an advance to cover
the costs of experts and witnesses, securing evidence, joining
cases, and other rulings concerning the conduct of the
2. If the party who has proposed evidence fails to deposit
the requested advance, such evidence shall not be taken.
3. The arbitral tribunals or the sole arbitrator may in
the course of the proceedings order the parties to undertake
certain actions, or to refrain from certain actions which are
relevant to the subject-matter of the dispute.
4.8. THIRD-PARTY INTERVENTION
A person that has a legal interest to participate in the
arbitral proceedings may join one of the parties only with consent
of both parties.
4.9. INTERIM AND CONSERVATORY MEASURES
The existence of an arbitration agreement stipulating the
jurisdiction of the Arbitration does not affect the right of the
parties to apply to the competent court of law for interim or
conservatory measures. The party shall notify the Secretariat of
the Arbitration without delay of any such application and of the
interim and conservatory measures taken by the judicial authority
in pursuance thereof.
4.10. DURATION OF THE PROCEEDINGS
1. As a rule, arbitral proceedings shall be completed
within a year from the date of establishment of the Arbitral
tribunal or appointment of the sole arbitrator, i.e. from the date
of payment of a sum to cover the costs of arbitration.
2. Exceptionally from the provision stated in the
preceding paragraph, the Arbitral tribunal or the sole arbitrator
may decide that the arbitral proceedings be extended after the
expiration of the above time-limit if the needs of obtaining
evidence make this necessary or if the parties make such a
4.11. APPLICATION OF THE CODE OF CIVIL
The provisions of these Rules shall apply to the
proceedings before the Arbitration. If the Rules do not contain a
relevant provision, the provisions of the Code of Civil Procedure
shall apply if they are in conformity with the competencies and
principles of the arbitral proceedings.
4.12. APPLICATION OF OTHER RULES
1. The parties may stipulate that the Rules of Arbitration
of the United Nations Commission on International Trade Law
(UNCITRAL) be applied to the proceedings before the
2. If the Rules of the Arbitration of the United Nations
Commission on International Trade Law (UNCITRAL) do not contain
relevant provisions, the provisions of these Rules shall
5. THE AWARD
5.1. APPLICABLE LAW
1. The Arbitral tribunal or the sole arbitrator shall
apply the law stipulated by the parties as the substantive law
applicable to their contractual relationship.
2. If the parties have failed to stipulate it, the
arbitral tribunal or the sole arbitrator shall apply the law
indicated by the conflict of laws rules that the Arbitral tribunal
or the sole arbitrator deem to be the most suitable to the case
3. The arbitral tribunal or the sole arbitrator shall in
all cases make the award in conformity with the provisions of the
contract, and shall take into account trade usages that may be
applicable to the transaction.
4. The award may be made exclusively ex aequo et
bono, only if the parties have given such authorization to the
5.2. MAKING OF THE AWARD
1. The arbitral tribunal or the sole arbitrator may make
an interim award or partial award in the course of the arbitral
proceedings. The final award is made after the arbitral proceedings
have been completed.
2. The award shall state the reasons in terms of the facts
and law and be worded in the manner that enables its enforcement in
the countries in which such enforcement may be
3. The award of the Arbitral tribunal shall be made by
unanimous or majority vote. The award shall be made at a private
session attended solely by arbitrators and the recording clerk.
When the vote is taken on the award, the chairman of the tribunal
shall be the last to vote. A record of deliberations and voting
shall be made and signed by all the arbitrators.
4. The final award shall be made within 60 days from the
date of the last hearing or of the date on which the last private
session of the Arbitral tribunal was held.
1. If the parties reach a settlement before the Arbitral
tribunal or the sole arbitrator, the settlement shall be recorded
in the form of an arbitral award that states no particular reasons
and the record shall be signed by the arbitrators and the
2. A settlement shall be deemed to have been reached by
the parties when they sign the record after having read
3. A settlement reached shall have the force of an
5.4. CONTENT OF THE AWARD
1. The arbitral award in writing shall contain an
introduction, award and statement of reasons:
2. The award need not specify the reasons in terms of the
facts or law, if the parties have stated that they do not require
3. The full text of the award may be published only with
consent of the parties. The President of the Arbitration may
authorize the publication of the award in periodicals of
professional and doctrinal character without disclosing the names
of the parties or information that may be damaging to the interests
of the parties.
5.5. SCRUTINY OF THE AWARD
1. The Narrower Presidency of the Arbitration shall
scrutinize the award before it is signed. It may advise the
Arbitral tribunal or the sole arbitrator of the formal deficiencies
of the arbitral award, or of the arbitral practice on certain
issues of law.
2. The Narrower Presidency of the Arbitration may draw the
attention of the arbitral tribunal or the sole arbitrator to the
grounds upon which it considers the arbitral award might be set
aside, or upon which its enforcement might be refused.
5.6. SIGNING OF THE AWARD
1. The original of the award and all copies shall be
signed by all members of the Arbitral tribunal or the sole
2. The Award shall be valid even if an arbitrator refuses
to sign the award submitted to him, provided the award has been
signed by the majority of the members of the Arbitral tribunal, and
provided they have noted in the award the refusal of signature by
their own signatures.
3. The arbitrator who refused to sign the award may within
a reasonable period, and especially before the scrutiny of the
award by the Narrower Presidency of the Arbitration has been
performed, submit his dissenting opinion in writing; such
dissenting opinion shall be enclosed to the documents and submitted
to the parties.
4. The Secretariat of the Arbitration shall serve on the
parties the copies of the award signed by the arbitrators or by the
sole arbitrator respectively.
5. The parties may obtain additional copies of the award,
certified true by the Secretary of the Arbitration, but such copies
may not be issued to any third parties.
5.7. CORRECTION OF THE AWARD
1. Within 30 days from the date of receipt of the award
the parties may make an application to the Arbitral tribunal or the
sole arbitrator to correct the computational, typographical or
clerical, or any errors of similar nature. Within the same
time-limit, the Arbitral tribunal or the sole arbitrator may
correct such errors on their own initiative.
2. The corrections are made in writing in conformity with
the provisions of Article 49 of these Rules.
3. The correction of the award shall constitute part of
5.8. THE CONFIRMATION OF ENFORCEABILITY
The enforceability of the award shall be confirmed by the
Secretariat of the Arbitration.
The enforceability of the award may be confirmed only upon
expiry of eight days from the date of expiry of the time-limit for
requesting the correction of the award, i.e. not before expiry of
eight days after the date of receipt of the correction of the
5.9. EFFECT AND ENFORCEMENT OF THE AWARD
1. The arbitral award shall be final and no appeal may be
filed against it. It shall have the force of a final judgment of a
court of law.
2. By accepting the jurisdiction of the Arbitration, the
parties have undertaken to carry out the resulting
IV COSTS OF THE ARBITRATION
1. THE SCALE OF COSTS AND FEES
2. ARBITRATORS' EXPANSES
3. EXPANSES INCURRED IN CONNECTION WITH PROCEDURAL
4. HEARING OUTSIDE THE SEAT OF THE ARBITRATION
5. WITHDRAWAL OF THE CLAIM
6. ARBITRATORS' FEES
V FINAL PROVISIONS
1. APPLICATION OF THE FORMER RULES
A party is entitled to request that the
dispute be resolved under the Rules which were in force on the date
of the conclusion of the arbitration agreement.
2. ABROGATION OF THE FORMER RULES
The former Rules of the Foreign Trade court
of Arbitration of the Yugoslav Chamber of Commerce and Industry
("Official Gazette of the Federal Republic of Yugoslavia" no.
87/93) are abrogated by entry into force of the present
3. COMING INTO FORCE
These Rules shall come into force upon expiry
of 8 days from the date of publication in the "Official Gazette of
the Federal Republic of Yugoslavia".
These Rules were published in the Official
Gazette of the Federal Republic of Yugoslavia No. 52/97 of October
17, 1997 end No. 64/2001 of November 23, 2001
The Scale of Arbitration Costs
Due to its moderate costs, the Foreign Trade
Court of Arbitration is an acceptable manner of resolution of
disputes both for domestic and foreign companies (coming from rich
or poor countries). The Yugoslav party is entitled to pay the costs
in their dinar equivalent under the official rate of
The scale of costs is as follows:
The amount in dispute in US$
The basics of calculation in US$
up to 5,000
US$ 450USD+7,5% of the amount exceeding US$
US$ 825 USD+6% of the amount exceeding US$
US$1,425 USD+4,5% of the amount exceeding US$
US$ 1,875 USD+3% of the amount exceeding US$
US$ 3,075 USD+2,25% of the amount exceeding
US$ 3,750 USD+1,5% of the amount exceeding
US$ 9,750 USD+0.75% of the amount exceeding
US$ 13,500 USD+0.405% of the amount exceeding
from 2,000,000 -
US$ 17,550 USD+0.3% of the amount exceeding
The administrative costs that have to be paid
by the plaintiff at the time of filing the claim, or counterclaim,
are 200$ if the dispute is settled by an arbitral tribunal, or 100$
if it is settled by a sole arbitrator.