mag. Marko Djinović
Secretary General of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia
INTERNATIONAL COMMERCIAL DISPUTES AND CROSS-BORDER ENFORCEMENT MECHANISMS
Koper ǀ 7 May 2019 ǀ at 3 pm
Faculty of Management ǀ Trg Brolo 12 ǀ lecture room B4
Mag. Marko Djinović is Secretary General of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the LAC) where he is responsible for the management of work for the LAC and overseeing day-to-day administration of disputes referred to the LAC. He has been involved in several international and domestic arbitrations. Prior to becoming Secretary General of the LAC, mag. Marko Djinović held the position of General Counsel to the Slovenian Chamber of Commerce. His areas of expertise include in particular international arbitration and ADR, international commercial law and corporate law. He is also Senior Expert Advisor to the International Chamber of Commerce (ICC), National Committee of Slovenia and an active member of the ICC Commission on Arbitration and ADR (2012-present). He is a visiting lecturer at the Faculties of Law in Ljubljana and Maribor, Faculty of Economics and Faculty of Management, where he teaches arbitration and ADR. He founded the Slovenian Arbitration Review and served as its Executive Editor between 2012 and 2018.
The lecture deals, from a comparative angle, with three different forms of dispute resolution, i.e. cross-border litigation, international arbitration and mediation. Comparing court litigation to alternative dispute resolution (ADR) mechanisms such as arbitration and mediation allows users (businesses and lawyers alike) to make an informed decision on a preferred mode of dispute resolution as early as in the stage of contract negotiation and drafting. In this regard, special emphasis shall be given to proper drafting of arbitration and mediation clauses and avoiding the so-called »pathological clauses«, which commonly give rise to time and money-consuming jurisdictional disputes. Finally, the lecture deals with different enforcement mechanism, which are in the very heart of dispute resolution and depend on the selected mode of dispute resolution:
- Enforcement of foreign judgements in the EU-context;
- Enforcement of foreign arbitral awards pursuant to the 1958 New York Convention, which has been ratified by 159 states;
- Possible future outlooks for the enforcement regime for international settlements resulting from mediation according to the “Singapore Convention”, recently adopted by the UN (not yet entered into force – available for signature by contracting states from 1.9.2019 onwards).