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Compulsory Arbitration in Croatia

This article refers to certain provisions of Croatian law which literally provide for mandatory arbitration – legal obligation to resolve disputes through arbitration. Existence of arbitral jurisdiction in absence of the arbitration agreement and against the will of the parties to the dispute, leads to a number of additional questions, especially those which refer to the dubious constitutionality of such legislative provisions. As parties’ right of approach to state courts is “robbed” author indicates the possibility of future violations of Art. 6.1. of the European Convention for Protection of Human Rights and Fundamental Freedoms. Additional considerations refer to other questions in regard to the actual legislative provisions which prescribe mandatory arbitration (nature of possible claims and composition of arbitral tribunal). Author’s opinion is that such provisions should be excluded from the Croatian legal system.

mandatory arbitration; constitutionality; Convention for Protection of Human Rights and Fundamental Freedoms (ECHR).

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