Commencement of arbitral proceedings

Commencement of arbitral proceedings Article 20

Unless otherwise agreed by the parties, the arbitral proceedings commence:

(1) if the arbitral proceedings are organized and administered by an arbitral institution - on the date when such institution receives the claim;

(2) in any other event (ad hoc arbitration) - on the date on which a notification of the appointment of an arbitrator or a proposal for appointing a sole arbitrator, accompanied by an invitation to appoint the other arbitrator or declare whether he accepts the proposed sole arbitrator, and the statement of claim that submits the dispute to arbitration is received by the respondent

Language Article 21.

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination by the arbitral tribunal, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

 (3) Until the language of the proceedings has been determined, a claim, a defense and other deeds can be submitted in the language of the main contract, of the arbitration agreement or in the Croatian language.

(4) If neither parties nor arbitrators can reach an agreement on the language of arbitration, the language of arbitration shall be the Croatian language.

Statements of claim and defense Article 22

(1) Unless otherwise agreed by the parties, the claimant shall in his statement of claim state the facts supporting his claim, the points at issue and relief or remedy sought, and the respondent shall in his statement of defense state his defense in respect of the claimant’s statements, proposals and claims. Law on Arbitration (Arbitration Act) 9 The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

 (2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.