SLOVENIA Law and Practice Contributed by: Vesna Cukrov and Veronika Cukrov, Law Firm Cukrov (Odvetniška družba Cukrov o.p., d.o.o.)
9. Confidentiality 9.1 Extent of Confidentiality
award is deemed to have been given if neither party objects thereto in writing within 60 days of the dis - patch of the document. In the present case, this time limit expires in early September 2026. If no objection is raised, the full text of the award will be published on the ICSID website. If an objection is raised, the Centre must instead publish excerpts of the award under the staged procedure prescribed by the Rules. It should also be noted that court proceedings relat - ing to arbitration, including proceedings for the set - ting aside of an arbitral award and proceedings for the recognition and enforcement of arbitral awards before the Slovenian courts, are not confidential and are generally subject to the ordinary rules governing court proceedings. Under the Slovenian Arbitration Act, an arbitral award must comply with certain formal and substantive requirements. The award must be made in writing and signed by the arbitrators. Unless the parties have agreed otherwise, the award must contain reasons upon which it is based. It must also include: • the names and addresses of the parties; • the names of the arbitrators; • the date and place of arbitration; • the operative part of the decision; and • the decision on the costs of the proceedings. The Slovenian Arbitration Act does not prescribe a general statutory time limit within which an arbitral tribunal must render an award. The parties may agree on a time limit, and institutional arbitration rules may also contain provisions regarding the timing of the award. In the absence of such a requirement, the tri - bunal must render the award within a reasonable time, taking into account the circumstances of the case and the need for efficient conduct of the proceedings. 10.2 Types of Remedies Under Slovenian law, there are generally no specific statutory limitations on the types of remedies that an arbitral tribunal may award, provided that the rem - 10. The Award 10.1 Legal Requirements
Under Slovenian law, arbitral proceedings are gener - ally considered confidential. The Slovenian Arbitration Act does not contain a comprehensive statutory pro - vision expressly regulating confidentiality of arbitral proceedings. However, confidentiality is generally derived from the parties’ agreement, the applicable institutional arbitration rules and the nature of arbitra- tion as a private dispute resolution mechanism. In practice, the parties, the arbitrators and the arbitral institution are typically under an obligation to main - tain confidentiality regarding the proceedings, includ - ing pleadings, evidence, documents submitted during the proceedings and the arbitral award. The Slovenian Arbitration Act does not contain a gen - eral statutory duty of confidentiality applicable to all arbitral proceedings. Confidentiality therefore primar - ily depends on the parties’ agreement, the applicable arbitration rules and, where relevant, the duties of the arbitrators and the arbitral institution. Where proceedings are conducted under the Ljublja - na Arbitration Rules, Article 50 establishes a com - prehensive confidentiality regime. Unless the parties expressly agree otherwise, the Ljubljana Arbitration Centre, the arbitral tribunal (including an emergency arbitrator), tribunal-appointed experts and members of the Presidency and Secretariat must keep confi - dential the arbitral proceedings, the award, procedural orders and other decisions. The parties must likewise treat as confidential all such decisions and all documents submitted in the arbitra - tion that are not publicly available. Disclosure is per - mitted only where required by law or where necessary to protect or enforce a party’s rights, including for the purposes of the recognition, enforcement or setting aside of an arbitral award before a state court. The tribunal’s deliberations are confidential. The ICSID Arbitration Rules, as applied in the pro - ceedings Ascent Resources Plc and Ascent Slovenia Ltd v Republic of Slovenia , contain a similar provision, pursuant to which consent to the publication of the
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