What is the purpose of companies? Is that purpose unique for all companies? Is a company allowed to formulate its own purpose and to make decisions in accordance with that purpose? Is this the area where the lawmaker should intervene, to what extent and in which manner? What role should or could a company have in determining its own purpose? These are some of the questions to which the author is trying to find the answers, taking into consideration a number of theoretical discussions, as well as comparative and domestic legislative movements. Dilemma between the shareholder theory and the stakeholders' theory represents one of the most controversial topics in modern company law. The COVID pandemic has additionally emphasized the basic problems of these theories. Bearing in mind that definite solutions in this area cannot be given, the author analyses relevant Serbian statutory provisions, in order to make certain suggestions for their adequate interpretation.
{"title":"Corporate purpose with a look on COVID-19 pandemic","authors":"Vuk Radović","doi":"10.5937/rkspp2102025r","DOIUrl":"https://doi.org/10.5937/rkspp2102025r","url":null,"abstract":"What is the purpose of companies? Is that purpose unique for all companies? Is a company allowed to formulate its own purpose and to make decisions in accordance with that purpose? Is this the area where the lawmaker should intervene, to what extent and in which manner? What role should or could a company have in determining its own purpose? These are some of the questions to which the author is trying to find the answers, taking into consideration a number of theoretical discussions, as well as comparative and domestic legislative movements. Dilemma between the shareholder theory and the stakeholders' theory represents one of the most controversial topics in modern company law. The COVID pandemic has additionally emphasized the basic problems of these theories. Bearing in mind that definite solutions in this area cannot be given, the author analyses relevant Serbian statutory provisions, in order to make certain suggestions for their adequate interpretation.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126299043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper seeks to address the obligations of arbitrators in international commercial arbitration. By way of introduction, it examines the legal relationship between the arbitrators and the parties governed by the contract they conclude. The central part of the analysis is devoted to the duties assumed by an arbitrator by accepting his appointment, focusing on a) principal duties of independence and impartiality and observing the fundamental principles of arbitration and b) other major obligations owed by an arbitrator, namely the duties of care, efficiency and expediency, adjudicating the dispute, the duty to disclose potential conflicts of interests and the duty of confidentiality. This is followed by an examination of possible legal consequences of breaches of arbitrators’ obligations: setting aside of the award, termination of arbitrators’ functions and arbitrators’ civil liability. These issues are addressed in the light of the relevant solutions of uniform rules, national laws governing arbitration, rules of the leading arbitration institutions, as well as the views prevailing in the doctrine and international court and arbitration practice.
{"title":"Obligations of arbitrators in international commercial arbitration","authors":"Jelena Perović-Vujačić","doi":"10.5937/rkspp1901131p","DOIUrl":"https://doi.org/10.5937/rkspp1901131p","url":null,"abstract":"This paper seeks to address the obligations of arbitrators in international commercial arbitration. By way of introduction, it examines the legal relationship between the arbitrators and the parties governed by the contract they conclude. The central part of the analysis is devoted to the duties assumed by an arbitrator by accepting his appointment, focusing on a) principal duties of independence and impartiality and observing the fundamental principles of arbitration and b) other major obligations owed by an arbitrator, namely the duties of care, efficiency and expediency, adjudicating the dispute, the duty to disclose potential conflicts of interests and the duty of confidentiality. This is followed by an examination of possible legal consequences of breaches of arbitrators’ obligations: setting aside of the award, termination of arbitrators’ functions and arbitrators’ civil liability. These issues are addressed in the light of the relevant solutions of uniform rules, national laws governing arbitration, rules of the leading arbitration institutions, as well as the views prevailing in the doctrine and international court and arbitration practice.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134154388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"FUNCTIONING of the POOL of VOTING RIGHTS","authors":"Jakša Barbić","doi":"10.5937/rkspp1901255b","DOIUrl":"https://doi.org/10.5937/rkspp1901255b","url":null,"abstract":"","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132643020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Interpretation of the most-favored nation clause in investment treaty arbitration has been sparking debates for the better part of two decades. The paper examines the issue from the perspective of two opposing ends-a broad stance of the seminal decision in Maffezini Case and a recent more restrictive approach undertaken by the arbitral tribunal in Içkale decision, in order to paint in broad strokes the outlines of a balancing act mechanism in interpretation that author puts forward.
{"title":"Investment arbitration and the MFN conundrum: The long and winding road from Maffezini to Içkale","authors":"U. Živković","doi":"10.5937/rkspp2102149z","DOIUrl":"https://doi.org/10.5937/rkspp2102149z","url":null,"abstract":"Interpretation of the most-favored nation clause in investment treaty arbitration has been sparking debates for the better part of two decades. The paper examines the issue from the perspective of two opposing ends-a broad stance of the seminal decision in Maffezini Case and a recent more restrictive approach undertaken by the arbitral tribunal in Içkale decision, in order to paint in broad strokes the outlines of a balancing act mechanism in interpretation that author puts forward.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125371318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this paper to analyze whether and to what extent are third-party funding and access to justice intertwined and compatible. The analysis started from recognizing most common challenges with third-party funding and whether these challenges may be overcome with existing regulation and guidelines. Global lack of regulation of this subject is noticeable. This increases the risks of having undisclosed conflict of interests between various participants and affects the confidentiality, efficiency and fairness of the proceedings and ultimately the access to justice considerations. Although third party funding undoubtedly contributes to larger access to justice, an unregulated market of this kind may also draw adverse inference to the access to justice. In conclusion, authors of this paper call for wider regulation of this matter, including both through local legislation and arbitration rules.
{"title":"Third party funding and access to justice","authors":"M. Lazić, M. Savić","doi":"10.5937/rkspp2102135l","DOIUrl":"https://doi.org/10.5937/rkspp2102135l","url":null,"abstract":"The purpose of this paper to analyze whether and to what extent are third-party funding and access to justice intertwined and compatible. The analysis started from recognizing most common challenges with third-party funding and whether these challenges may be overcome with existing regulation and guidelines. Global lack of regulation of this subject is noticeable. This increases the risks of having undisclosed conflict of interests between various participants and affects the confidentiality, efficiency and fairness of the proceedings and ultimately the access to justice considerations. Although third party funding undoubtedly contributes to larger access to justice, an unregulated market of this kind may also draw adverse inference to the access to justice. In conclusion, authors of this paper call for wider regulation of this matter, including both through local legislation and arbitration rules.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131094459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Report analyses the use of contracts and contract law to advance sustainability goals. It discusses the problem of planned obsolesence—the intentional manufacturer of products with shorter lifespans. In the area of contracts, the use and enforceability of contractual sustainability clauses is reviewed. The role of contracts in advancing sustainability is exami-ned at different levels: government-to-government through bilateral investment treaties, pu-blic-private contracts (government procurement) and in private green contracts incentivized by government policy and programs. The Report will then offer approaches to combatting the problem of planned obsolesence. It advances the argument that warranty law offers the best and most comprehensive approach to improving product durability.
{"title":"Right to a clean environment: Role of contracts and contract law","authors":"Larry A. DiMatteo","doi":"10.5937/rkspp1901037d","DOIUrl":"https://doi.org/10.5937/rkspp1901037d","url":null,"abstract":"This Report analyses the use of contracts and contract law to advance sustainability goals. It discusses the problem of planned obsolesence—the intentional manufacturer of products with shorter lifespans. In the area of contracts, the use and enforceability of contractual sustainability clauses is reviewed. The role of contracts in advancing sustainability is exami-ned at different levels: government-to-government through bilateral investment treaties, pu-blic-private contracts (government procurement) and in private green contracts incentivized by government policy and programs. The Report will then offer approaches to combatting the problem of planned obsolesence. It advances the argument that warranty law offers the best and most comprehensive approach to improving product durability.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117021234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper defines the general notion of the costs of civil proceedings, and their components - the costs incurred during the civil proceedings and the costs incurred in connection with those proceedings. This will be done from the aspect of Croatian law, but, also of Serbian law, considering the similarity of the normative basis of the Croatian and Serbian Law on Civil Procedure. In addition, the status of pre-litigation costs whose compensation is obtained in litigation as compensation for the costs of that procedure and the status of such costs that are obtained in litigation as a part of the main or secondary claim will be analyzed.
{"title":"Costs incurred in the course and in connection with civil proceedings in Croatian law","authors":"Mihajlo Dika","doi":"10.5937/rkspp2102097d","DOIUrl":"https://doi.org/10.5937/rkspp2102097d","url":null,"abstract":"The paper defines the general notion of the costs of civil proceedings, and their components - the costs incurred during the civil proceedings and the costs incurred in connection with those proceedings. This will be done from the aspect of Croatian law, but, also of Serbian law, considering the similarity of the normative basis of the Croatian and Serbian Law on Civil Procedure. In addition, the status of pre-litigation costs whose compensation is obtained in litigation as compensation for the costs of that procedure and the status of such costs that are obtained in litigation as a part of the main or secondary claim will be analyzed.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132894765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In contemporary international trade we can witness the significant liberalization of international trade regime throught tariff cuts and abolishment of non-tariff barriers. But the preferential trade is not possible without the application of Rules of Origin which testify about product nation-ality and make possible for preferencies to be used. But complex and burdensome rules of origin can pose a barrier to international trade. In the situation when we have more global production chains in international trade the rules of origin regime must be made more liberal. This is enabled through several types of origin cumulation practices. Best example is the PEM Convention in Eu-rope that creates a pan-euromediteranian zone of origin cumulation.
{"title":"Rules of origin as a new frontier of International trade liberalisation","authors":"Predrag Bjelić","doi":"10.5937/rkspp1901295b","DOIUrl":"https://doi.org/10.5937/rkspp1901295b","url":null,"abstract":"In contemporary international trade we can witness the significant liberalization of international trade regime throught tariff cuts and abolishment of non-tariff barriers. But the preferential trade is not possible without the application of Rules of Origin which testify about product nation-ality and make possible for preferencies to be used. But complex and burdensome rules of origin can pose a barrier to international trade. In the situation when we have more global production chains in international trade the rules of origin regime must be made more liberal. This is enabled through several types of origin cumulation practices. Best example is the PEM Convention in Eu-rope that creates a pan-euromediteranian zone of origin cumulation.","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134379796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contract interpretation contra proferentem according to the Croatian Obligations Act","authors":"Davor Babić","doi":"10.5937/rkspp1901059b","DOIUrl":"https://doi.org/10.5937/rkspp1901059b","url":null,"abstract":"","PeriodicalId":236613,"journal":{"name":"Revija Kopaonicke skole prirodnog prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128823923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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