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Provisional Measures in Serbian Arbitration – Part Two

While interim measures are a critical tool for arbitral tribunals, their power remains fundamentally limited by their contractual nature and the lack of powerful authority.

Serbian law lacks precise statutory conditions for granting such measures, tribunals often look to international standards like the UNCITRAL Model Law for guidance. The authority of an arbitral tribunal is derived from the parties’ arbitration agreement and is fundamentally non-coercive, unlike state courts.

The article is Part 2 of a series on provisional measures in Serbian arbitrationprepared by Senior Associates Ivana Petković and Dušan Žegarac from JPM Belgrade office, explores the conditions for issuing interim measures and their permissible scope, emphasizing they are limited by the arbitration agreement and the tribunal’s contractual nature. A key limitation is that tribunals cannot issue binding orders to third parties or use state coercion for enforcement.

The Part 1 of the analisys is available here.

 

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