Advantages of arbitration over court resolution of employment disputes

An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.

International commercial courts as new actors in adjudication business: Collaborators or competitors?

International commercial courts are a relatively new phenomenon that changes the configuration of the international adjudication business. As novel players on the dispute resolution scene, these courts challenge the notion of competition between the existing actors in the business. From the perspective of arbitration, international commercial courts tend to be perceived as both collaborators and competitors. Furthermore, various driving forces influenced the creation of these courts, which gave them a hybrid structure and a quite unique institutional appearance. This article examines three prominent courts in three different parts of the world: the Dubai International Financial Centre Courts (DIFCC), the Singapore International Commercial Court (SICC) and the Netherlands Commercial Court (NCC). The aim is to identify the main features of these adjudication actors that operate within three highly commercially relevant geographic regions in order to outline their character and role on the adjudication business stage. Eventually, through these examples this article addresses the puzzling question of competition versus cooperation in contrast to arbitration. Nevertheless, it is still hard to give a definitive answer - it seems too early for a firm prediction regarding the future of these projects. Jurisprudence must be developed in order to comprehensively test the success of international commercial courts

Concept 'vulnerable consumer' in EU and Serbian law

The subject of this paper refers to a special legal regime for vulnerable consumers protection. Special rules for their protection may be determined and applied only if the general term "vulnerable consumer" is clearly defined. Comparative legal research has shown that this requirement has not yet been met in a way that it is widely recognized as acceptable. However, the special term "vulnerable consumer", which is related to certain economic sectors, has been defined with more success. This paper explores the reasons which explain this and analyse the special legal protection of consumers in EU and Serbia on the example of an energy vulnerable customer. Based on examples of good practice, it is indicated that there is a lot of space for improving the position of vulnerable consumers if traders recognize the special needs of them and if they act responsibly and in accordance with the principle of good faith.

Memorandum of Understanding on the sale of counterfeit goods on the internet: Evaluation of application ten years after signing

The sale of counterfeit goods on the internet is a global problem affecting all national economies. As internet users have access to websites created in other countries, the limits of national regulations have been breached. Therefore, it is necessary to regulate the fight against the sale of counterfeit good on the internet on international level. Existing binding sources of international law do not regulate this issue. However, non-binding international legal instruments offer solutions. In 2011, under the auspice of the Commission, Memorandum of Understanding (MoU) on the sale of counterfeit goods on the internet was concluded. Memorandum serves as a basis for dialogue and cooperation between stakeholders, with the aim of curtailing the offering of counterfeit goods on online marketplaces. The paper analyses reasons for the adoption of MoU and its content. Special attention is paid to notice and takedown. The paper also examines results of MoU and its perspectives.

Basic characteristics of tontine insurance

Tontine insurance is tied to life insurance. This type of insurance is also a type of mutual insurance. However, we must look at tontines separately, having in mind its origin and goal. Tontine insurance originated in the 17th century and was developed in England and the United States, until the beginning of the 20th century, when it became banned. Tontine insurance at an early stage contained elements of group annuity insurance, group life insurance and lottery. Today, tontine insurance is a type of fund within which policyholders, i.e., members, agree to jointly capitalize, i.e., finance their contributions to the fund and to divide the capitalized assets between those policyholders who reach a certain age and the heirs of the deceased insured. The Act on Insurance of the Republic of Serbia also regulates tontine insurance. The author pays attention to the provisions of EU law in this area.

Forms of consumer protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

New chapter in EU-UK relations: Ambitious unprecedented partnership or the first trade and cooperation agreement setting barriers and removing freedoms

In this paper the author analyses the new relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland. Given the scope and complexity of the Trade and Cooperation Agreement, the intention was not to explain in detail all its aspects, but only the basic and most important provisions. First of all, those of the free trade agreement, but also in the areas where ties are being renewed, which would otherwise be interrupted by the withdrawal of the United Kingdom. Although it does not reflect the benefits of EU membership, the agreement certainly limits the negative consequences compared to the situation without it and provides much needed predictability and certainty, allowing Europe to leave Brexit behind and move on.

The influence of the epidemic on notary service

The main topic of this paper is the manner in which the notary service has been organized and provided in Serbia during the state of emergency, which was declared on March 15, 2020 due to the COVID-19 outbreak. The author gives special attention to the possibility to resolve practical problems by adherence to the general rules and principles of the notary service (especially the rules on stay of non-contentious proceedings). The author also examines the contents and applicability of the recommendations issued by the Ministry of Justice of Serbia during the state of emergency.

Law and software analysis: A step closer to resolving investment disputes through artificial intelligence?

Considering the possibility of using artificial intelligence in resolving legal disputes is becoming increasingly popular. The authors examine whether soft ware analysis can be applied to resolve a specific issue in investment disputes - to determine the applicable law to the substance of the dispute and highlight the application of artificial intelligence in the area of law, especially in predicting the outcome of a dispute. The starting point is a sample of 50 arbitral awards and the results of previously conducted research. It has been confirmed that soft ware analysis can be useful in decision-making processes, but not to the extent that arbitrators could exclusively rely on it. On the other hand, the development of an algorithm that would predict applicable law for different legal issues required a much larger sample. We also believe that the existence of different legal and factual circumstances in each case, as well as the personality of the arbitrator and arbitral/judicial discretion are limitations of the application of artificial intelligence in this area.

Cargo insurance according to Incoterms 2020

In 2020, the new version of Incoterms trade terms came into force. The author raises the issue of the connection between these trade terms and cargo insurance. Th rough the concept of the sale of goods contract, in which some of the aforementioned trade terms are incorporated, the author provides an answer to the question who has a duty to conclude cargo insurance contract and in what way or who has an interest to do so. The provided analysis suggests that the Incoterms rules do not contain special rules regarding cargo insurance, but only guidelines for the seller what kind of insurance contract must be concluded according to CIF and CIP clauses, while other clauses contain a provision "without obligation". The most significant novelty is increasing the necessary insurance cover imposed by CIP clause. However, this does not make Incoterms 2020 a revolutionary version, but rather a development of earlier editions.