SLOVENIA Law and Practice Contributed by: Vesna Cukrov and Veronika Cukrov, Law Firm Cukrov (Odvetniška družba Cukrov o.p., d.o.o.)
8. Evidence 8.1 Collection and Submission of Evidence The Slovenian Arbitration Act does not prescribe detailed rules on the taking of evidence. Instead, the parties are free to agree on the procedure to be fol - lowed, and, failing such agreement, the arbitral tribu - nal has broad discretion to determine the manner in which evidence is collected and presented. The Slo - venian Arbitration Act contains no specific provisions on legal privilege. Issues of privilege and confidenti - ality are generally determined by the applicable sub - stantive law, the parties’ agreement or the procedural rules chosen for the arbitration. Witness evidence is commonly admitted, and arbitral tribunals may hear witnesses during oral hearings. Written witness statements are also widely accepted, particularly in international arbitration, although their use depends on the parties’ agreement, the applicable institutional rules or the tribunal’s procedural direc - tions. Cross-examination of witnesses is permitted and regularly used in international arbitrations, but it is not governed by detailed statutory rules. 8.2 Rules of Evidence The rules of evidence applicable in Slovenian court proceedings do not automatically apply to arbitrations seated in Slovenia. While arbitral tribunals may draw guidance from domestic procedural principles where appropriate, they are not bound by the evidentiary rules of the Slovenian Civil Procedure Act. 8.3 Powers of Compulsion Under the Slovenian Arbitration Act, an arbitral tribunal may request the parties to produce documents and other evidence and may hear witnesses and experts. However, arbitral tribunals do not possess coercive powers and cannot compel the production of evi - dence or the attendance of witnesses by themselves. A party may request the assistance of the competent Slovenian court. The court may order the taking of evi - dence in accordance with the applicable provisions of Slovenian procedural law, including the examination of witnesses or the production of documents where the statutory requirements are met.
mission was granted. No equivalent specific right of non-party participation exists under the Arbitration Act in domestic or ordinary international commercial arbitration seated in Slovenia. 7.2 Procedural Steps The Slovenian Arbitration Act does not prescribe a rigid procedural framework for arbitral proceedings. Instead, it is based on the principle of party auton - omy, allowing the parties to agree on the procedure to be followed by the arbitral tribunal. In the absence of such agreement, the arbitral tribunal may conduct the proceedings in the manner it considers appropri - ate, subject to the mandatory provisions of the Act. Nevertheless, the Act contains certain mandatory pro - cedural requirements. In particular, the parties must be treated equally, and each party must be given a full opportunity to present its case. The arbitral tribunal must respect the principles of due process, including the right of each party to be heard. 7.3 Powers and Duties of Arbitrators Under the Slovenian Arbitration Act, arbitrators have broad powers to conduct arbitral proceedings while being subject to a number of statutory duties designed to ensure the fairness and integrity of the process. Arbitrators are required to act independently and impartially and must disclose without delay any circumstances that may give rise to justified doubts as to their independence or impartiality. They must treat the parties equally, ensure that each party is given a full opportunity to present its case, and conduct the Slovenian law does not impose specific qualification requirements on legal representatives appearing in arbitration proceedings. Unlike court proceedings, representation in arbitration is governed primarily by the principle of party autonomy, allowing parties to choose their representatives freely. Legal representa - tives are not required to be Slovenian attorneys-at-law or to hold any specific domestic professional qualifi - cation. Any domestic or foreign natural person having legal capacity, or any domestic or foreign law firm, may act as a legal representative. proceedings fairly and efficiently. 7.4 Legal Representatives
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