SLOVENIA Law and Practice Contributed by: Vesna Cukrov and Veronika Cukrov, Law Firm Cukrov (Odvetniška družba Cukrov o.p., d.o.o.)
is considered an agreement independent from the underlying contract. Therefore, the invalidity, termination or rescission of the main contract does not, by itself, affect the valid - ity of the arbitration agreement. Slovenian courts and arbitral tribunals may determine the existence and validity of the underlying contract without this affect - ing their jurisdiction based on a valid arbitration agree - ment. This approach reflects the internationally recognised principle of separability and is consistent with the UNCITRAL Model Law on International Commercial Arbitration. The arbitration agreement may only be disregarded where it is independently found to be invalid, ineffective or incapable of being performed. Under Slovenian law, the parties generally enjoy broad autonomy in selecting arbitrators. The Slovenian Arbi - tration Act allows the parties to agree on the number of arbitrators, the procedure for their appointment and any qualifications they must possess. In comparison with court proceedings, where each case is appointed to a judge in accordance with a statutorily prescribed order, the parties to arbitration proceedings enjoy somewhat greater autonomy and latitude with regard to the appointment of arbitrators. However, this autonomy is subject to certain manda - tory requirements. An arbitrator must be a natural per - son with legal capacity, and the parties’ choice must respect the principles of independence and impartial - ity. A person may not act as an arbitrator if circum - stances exist that give rise to justified doubts as to their independence or impartiality. Arbitrators must also disclose any circumstances that could affect their 4. The Arbitral Tribunal 4.1 Limits on Selection
agreement on the appointment. In such cases, the appointment may be made by the competent court upon the request of a party, unless the parties have agreed on another mechanism or have entrusted the appointment to an arbitral institution. In the case of multiparty arbitrations, the parties are generally free to agree on the procedure for constitut - ing the arbitral tribunal. If no agreement exists or the agreed procedure fails, the default mechanism under the Arbitration Act applies. The court may intervene to ensure the constitution of the arbitral tribunal and to prevent the arbitration from being frustrated due to disagreements between the parties. Accordingly, Slovenian law prioritises party autonomy but provides a subsidiary appointment mechanism to ensure that arbitration proceedings can proceed even where the parties are unable to appoint arbitra - tors themselves. 4.3 Court Intervention Under Slovenian law, courts may intervene in the selection of arbitrators in limited circumstances, primarily where the parties’ agreed procedure for appointing arbitrators fails or where the parties are unable to reach an agreement on the appointment. Pursuant to the Slovenian Arbitration Act, if an arbi - trator cannot be appointed in accordance with the procedure agreed by the parties, a party may request the competent court to make the appointment. The court may also intervene in cases where the parties fail to agree on the appointment of the sole arbitrator or where one party fails to appoint an arbitrator within the prescribed time limit. However, the court’s powers are limited. The court does not select arbitrators at its own discretion where the parties have successfully agreed on and imple - mented an appointment procedure. Its role is sub - sidiary and is intended only to ensure the constitu - tion of the arbitral tribunal and to prevent arbitration proceedings from being obstructed by a failure of the appointment mechanism.
independence or impartiality. 4.2 Default Procedures
Under the Slovenian Arbitration Act, a default proce - dure applies if the parties’ agreed method for appoint - ing arbitrators fails or if the parties cannot reach an
863 CHAMBERS.COM
Powered by FlippingBook