PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS

Abstract

There is no unified and comprehensive definition of arbitrationin legal science.3 Most of the positive regulations that regulate it, both in theworld and in our country (the Arbitration Act), omit the issue of its definition.However, in science and in legal practice, arbitration is most often definedthrough arbitration dispute, its elements, course and legal effects, and throughindicating differences between arbitration and judicial process, i.e., arbitrationand other alternative dispute resolution methods. It is concluded that arbitrationis an alternative to judicial settlement of a dispute, formed by consensus orconsent of the will of the parties involved, private, and that its decisions arelegally binding and final.4 5 This paperwork is trying to explain differences anddifferent way of conducting in case when participants in arbitration cases arefrom different legal systems, especially differences between the most importantand the most spreader legal systems in the world, European, civil law systemand Anglo-Saxon law (common law). In the second and third chapter, attentionis paid to the procedural and material differences between the continental andthe common law arbitration procedures, especially in differences between theinvestigative (continental legal system) and the common law principles of theproceedings. In the fourth chapter, the difference between the starting of thearbitration procedure was dealt with, while in chapter five, special attentionwas paid to the presentation of evidence in the mentioned legal systems. Thewitnesses and expert witnesses deal with the sixth and seventh chapters of thepaper, while the question of the privacy of the dispute is left behind for the lastchapter of the paper, followed by a conclusion.