Interpretation and Application of the New York Convention in Slovenia

Abstract

In 2008, a comprehensive reform of the arbitration law was enacted in Slovenia. The new Arbitration Act is based on the UNCITRAL Model Law on International Commercial Arbitration. With regard to the recognition and enforcement of foreign awards, the new law did not bring far-reaching changes since Slovenia had been a party to the New York Convention prior to its enactment. The new Arbitration Act simply stipulates that, for the recognition and enforcement of foreign arbitral awards, the Convention shall apply. In Slovenia, no real controversies regarding the Convention have developed in case law or in legal writing. In general, the Convention’s framework is considered to work well. Overall, the Convention has not been subject to criticism and no weak points have been detected. However, there is still not enough case law interpreting the Convention to enable a systematic and comprehensive evaluation of its application in Slovenia.