SERBIA Law and Practice Contributed by: Aleksandar Ristić and Stefan Šilobad, Law Office Miroslav Stojanović
4.6 Challenging Enforcement of Arbitral Awards As noted in 4.3 Categories of Arbitral Awards Not Enforced , the LOA provides specific grounds under which the defendant may file a lawsuit for annulment of a domestic arbitral award. If such lawsuit is filed, the court may postpone the enforcement of a domes - tic arbitral award upon the defendant’s request, if it is proven that there is a likelihood of the lawsuit’s suc - cess or that the immediate enforcement would cause irreparable harm. Recognition of a foreign arbitral award may be chal - lenged by proving the existence of one or more grounds for refusal provided under the LOA, as listed in 4.3 Categories of Arbitral Awards Not Enforced . In addition, Article 67 of the LOA provides that the Ser - bian court may stay the recognition procedure if a pro - cedure for the annulment or stay of enforcement of the relevant foreign arbitral award was instigated in the country where the award was adopted or the country in accordance with whose laws it was adopted, until the completion of such proceedings. Challenging the enforcement of a domestic or foreign arbitral award may be done on the same grounds as those outlined in 2.5 Challenging Enforcement of Domestic Judgments .
enforceability, if not evidenced from the award itself); • the arbitration agreement (which may be in the form of an arbitration clause or a separate agree - ment) in original or certified copy; and • certified translations of these documents into the Serbian language, obtained from a court-sworn translator. The procedure for recognition and enforcement of a foreign arbitral award in Serbia generally follows the one provided for foreign court judgments, as outlined in 3.4 Process of Enforcing Foreign Judgments , with some minor differences (ie, the appeal deadline is extended to 30 days). 4.5 Costs and Time Taken to Enforce Arbitral Awards Information outlined in 2.3 Costs and Time Taken to Enforce Domestic Judgments and 3.5 Costs and Time Taken to Enforce Foreign Judgments applies to the process of enforcement of domestic and foreign arbitral awards in Serbia, respectively.
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