Interim Measures in Arbitration: The Serbian Perspective

This paper discusses interim measures that can be ordered by Serbian arbitral tribunals and the possibility of their domestic enforcement. The introduction examines the legal framework for interim measures under Serbian law and the arbitration rules that govern the majority of arbitrations in Serbia. Subsequent chapters discuss the interpretation of the domestic legislation available to the courts and arbitrators in Serbia when facing legal gaps concerning interim measures. The best practices are identified by using comparative legal models, paving the way for optimal judicial and arbitral decisions and better legislative solutions in the future. In the second chapter, the limits of the arbitral tribunal’s jurisdiction to order interim measures are determined based on a hypothetical example. The third chapter focuses on the decision-making process, types, conditions, and judicial enforcement of interim measures by domestic arbitral tribunals. The conclusion highlights the limited interpretative possibilities, which supports the need for legislative amendment.