Page 46

No 70

46

interview

Interview: president of International Commercial Arbitration Gašo Knežević

Arbitration on behalf of business

Arbitration is a method of solving commercial disputes in front of the persons who are not the state judges, but eminent and trustful people being left to settle down their disputes by themselves, says Gašo Knežević, president of the International Commercial Arbitration

T

he International Commercial Arbitration within the Chamber of Commerce and Industry of Serbia dates bask to 1947, and for those 65 years it has settled down thousands of commercial disputes and decisions being very successfully carried out both in the country and abroad. That the International Commercial Arbitration with the Chamber of Commerce and Industry of Serbia guarantees the businessmen objective resolving of the disputes proves the names on the list of arbitrators. The arbitrators are eminent professors, lawyers and experts in the field of economy, they could be domestic and foreign residents, and the existing list of Serbian Arbitration is made up of 42 percent of domestic and 58 percent international residents. The reputation of the president of the International Commercial Arbitration with the CCIS Gašo Knežević, professor at the Faculty of Law in Belgrade, instills the additional confidence in this institution.

What is the relation between the Arbitration and courts like? The Arbitration is the private judiciary which has particularly been developing since the 20th century, as for the number of this kind of courts so for the number of disputes being resolved. It is the trend that big disputes exceeding one/two million euro have been resolved before the arbitration. Even in Serbia rarely it could happen that big disputes are resolved by the courts. The commercials have taken all worth from the competence of the courts and agreed on resolving all big disputes before the arbitration. The arbitration bodies are the civilization signs. The arbitration exists throughout European countries except in Albania. Once in the sociallyarranged countries the arbitration had been found within the chambers of commerce upon the WWII, because the chamber of commerce used to appear as the parastate body. On the other side, the arbitration now makes much effort to prove itself not being the para-state institutions. The arbitration could be the most productive only if it functions as non-state institution. If it would be the state institution, the arbitration and court would be equally treated. Many arbitrations in the West have been established within the chambers of commerce. For example, in Austria the biggest arbitration has been at the Chamber of Commerce, and in Germany, too. In Paris there is the International Chamber of Commerce which is a part of the World Business Organizawww.pks.rs

tion and it has the famous world arbitration. The biggest disputes have been resolved in France because the ICC has its head office in Paris. What are the chances for our Arbitration? The world takes our Arbitration with great respect and because of that it deserves the greatest confidence ever. The patriotism in our Arbitration has not been showed through the resolution of the disputes on our behalf, but objectively and in a way which does not spoils the cooperation between the parties in the procedure. The main idea of the Arbitration is to have neither a winner nor loser, but to enable the parties to continue to cooperate after that. The arbitration is turned to business. When singing the contract at what extent do the companies forecast the competence of our Arbitration? What are the companies doing that?

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