In Bosnia and Herzegovina, arbitration emerges as a promising mechanism for resolving disputes, especially those involving foreign parties. Nevertheless, an overview of the legal framework shows several obstacles that impede this from becoming a reality. Upon examination of the legal framework, a patchwork of laws governing arbitration, dispersed across B&H’s territorial units, is revealed. However, even fragmented, this framework provides a solid ground for arbitration proceedings to be conducted. This is shown by analyzing certain aspects of arbitration, including arbitrability, arbitrator appointments, arbitration agreements, and awards, shedding light on both strengths and weaknesses. Although there is room for improvement in the legal framework, its current deficiencies cannot be the sole reason why arbitration proceedings rarely occur in B&H. The paper also explores the current state of play of institutional arbitration, through the analysis of the Court of Arbitration attached to the Foreign Trade Chamber of Bosnia and Herzegovina, identifying areas for improvement. Ultimately, the authors advocate for a human-centered approach to arbitration reforms, emphasizing clarity, efficiency, and accessibility. By addressing the system’s challenges with empathy and pragmatism, B&H can unlock the full potential of arbitration as a cornerstone of dispute resolution.

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Some Peculiarities of the Legal Framework on Commercial Arbitration in Bosnia and Herzegovina

  • Zinka Grbo,
  • Sevleta Halilović

摘要

In Bosnia and Herzegovina, arbitration emerges as a promising mechanism for resolving disputes, especially those involving foreign parties. Nevertheless, an overview of the legal framework shows several obstacles that impede this from becoming a reality. Upon examination of the legal framework, a patchwork of laws governing arbitration, dispersed across B&H’s territorial units, is revealed. However, even fragmented, this framework provides a solid ground for arbitration proceedings to be conducted. This is shown by analyzing certain aspects of arbitration, including arbitrability, arbitrator appointments, arbitration agreements, and awards, shedding light on both strengths and weaknesses. Although there is room for improvement in the legal framework, its current deficiencies cannot be the sole reason why arbitration proceedings rarely occur in B&H. The paper also explores the current state of play of institutional arbitration, through the analysis of the Court of Arbitration attached to the Foreign Trade Chamber of Bosnia and Herzegovina, identifying areas for improvement. Ultimately, the authors advocate for a human-centered approach to arbitration reforms, emphasizing clarity, efficiency, and accessibility. By addressing the system’s challenges with empathy and pragmatism, B&H can unlock the full potential of arbitration as a cornerstone of dispute resolution.