Arbitral Digest

Matter

Brodogradilište Kraljevica d.d. v. Company C — Croatian arbitral award and recognition proceedings

  1. 14 June 2001Croatia

    14 June 2001Croatia

    Decision of the Rijeka Commercial Court dated 14 June 2001

    Rijeka Commercial Court

    Decision summary
    The Rijeka Commercial Court declined jurisdiction over Brodogradilište Kraljevica d.d.'s claim against Company C. because the contract and Annex contained an arbitration clause.

    Supporting details

    3 participants
    Brodogradilište Kraljevica d.d.
    Company C.
    Rijeka Commercial Court
    Other
    Institutional administrator
    Rijeka Commercial Court

    6 months and 25 days later · 208 days

  2. 8 January 2002Croatia

    8 January 2002Croatia

    Decision of the High Commercial Court dated 8 January 2002

    High Commercial Court of the Republic of Croatia

    Decision summary
    The High Commercial Court dismissed the appeal and upheld the decision declining ordinary-court jurisdiction because Company C. was bound by the arbitration clause in the connected contract documents.

    Supporting details

    3 participants
    Brodogradilište Kraljevica d.d.
    Company C.
    High Commercial Court of the Republic of Croatia
    Other

    1 year, 2 months and 30 days later · 454 days

  3. 7 April 2003Arbitration

    7 April 2003Arbitration

    Arbitral Award of the Permanent Arbitration Tribunal of the Croatian Chamber of Economy dated 7 April 2003

    Permanent Arbitration Tribunal of the Croatian Chamber of Economy

    Decision summary
    The tribunal rejected Company C.'s jurisdictional objection and ordered it to pay USD 233,265.00 to Brodogradilište Kraljevica d.d. under the service and repair contract and its 1997 Annex.

    Supporting details

    4 participants
    Brodogradilište Kraljevica d.d.
    Company C.
    T.S.C.
    Permanent Arbitration Tribunal of the Croatian Chamber of Economy

    1 year, 11 months and 15 days later · 715 days

  4. 22 March 2005Croatia

    22 March 2005Croatia

    Decision of the Zagreb Commercial Court dated 22 March 2005

    Zagreb Commercial Court

    Decision summary
    The Zagreb Commercial Court confirmed the arbitral award after Company C. sought to have it vacated.

    Supporting details

    2 participants
    Company C.
    Zagreb Commercial Court
    Other
    Institutional administrator
    Zagreb Commercial Court

    3 years, 1 month and 15 days later · 1142 days

  5. 7 May 2008Croatia

    7 May 2008Croatia

    Decision of the High Commercial Court dated 7 May 2008

    High Commercial Court of the Republic of Croatia

    Decision summary
    The High Commercial Court rejected Company C.'s appeal and upheld confirmation of the arbitral award, holding that the jurisdictional objection had already been resolved and that Company C. had accepted the arbitration clause.

    Supporting details

    3 participants
    Brodogradilište Kraljevica d.d.
    Company C.
    High Commercial Court of the Republic of Croatia
    Other

    6 months and 10 days later · 194 days

  6. 17 November 2008Slovenia

    17 November 2008Slovenia

    Decision of the Koper District Court dated 17 November 2008

    Koper District Court

    Decision summary
    The Koper District Court recognized the Croatian arbitral award for enforcement in Slovenia.

    Supporting details

    2 participants
    Brodogradilište Kraljevica d.d.
    Koper District Court
    Other
    Institutional administrator
    Koper District Court

    3 months and 9 days later · 101 days

  7. 26 February 2009Slovenia

    26 February 2009Slovenia

    Decision of the Koper District Court dated 26 February 2009

    Koper District Court

    Decision summary
    The Koper District Court reversed its earlier recognition decision and refused recognition and enforcement because it found no valid arbitration agreement between the parties.

    Supporting details

    2 authorities · 3 participants
    Brodogradilište Kraljevica d.d.
    Company C.
    Koper District Court
    Other
    Institutional administrator
    Koper District Court

    Authorities cited

    2
    • 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958))
      treaty
    • Croatian Obligations Act
      statute

    9 months and 20 days later · 293 days

  8. 16 December 2009Slovenia

    16 December 2009Slovenia

    Decision of the Supreme Court of Slovenia dated 16 December 2009

    Supreme Court of Slovenia

    Decision summary
    The Supreme Court of Slovenia rejected the appeal and upheld refusal to recognize and enforce the award, holding that Company C. had not concluded a written arbitration agreement as guarantor.

    Supporting details

    4 authorities · 2 participants
    Brodogradilište Kraljevica d.d.
    Supreme Court of Slovenia
    Other
    Institutional administrator
    Supreme Court of Slovenia

    Authorities cited

    4
    • 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958))
      treaty
    • Croatian Obligations Act
      statute
    • Slovenian Arbitration Act
      statute
    • Slovenian Civil Procedure Act
      statute

    6 months and 27 days later · 209 days

  9. 13 July 2010Slovenia

    13 July 2010Slovenia

    Decision of the Constitutional Court of Slovenia dated 13 July 2010

    Constitutional Court of Slovenia

    Decision summary
    The Constitutional Court of Slovenia rejected Brodogradilište Kraljevica d.d.'s constitutional appeal concerning the refusal to recognize and enforce the arbitral award.

    Supporting details

    2 participants
    Brodogradilište Kraljevica d.d.
    Constitutional Court of Slovenia
    Other
    Institutional administrator
    Constitutional Court of Slovenia

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Brodogradilište Kraljevica d.d. v. Company C — Croatian arbitral award and recognition proceedings · Matter