Bosnia and Herzegovina

The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: No.

  • Legal Provisions: 2003 Civil Procedure Code of the Federation of Bosnia and Herzegovina (Articles 434–453), as amended; the 2003 Civil Procedure Act of the Republic of Srpska (Articles 434–453), as amended; and the 2003 Civil Procedure Act of the Brcko District (Articles 413–432), as amended.

Arbitral Institutions

  • Arbitration Court attached to the Foreign Chamber of Commerce of Bosna and Herzegovina

  • Chamber of Commerce and industry of Srpska

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 1 September 1993); reservations:

The Convention will be applied to the Republic of Bosnia and Herzegovina only relating [to] those arbitral awards that have been brought after entering into force of the Convention.

The Republic of Bosnia and Herzegovina will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State.

The Republic of Bosnia and Herzegovina will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Bosnia and Herzegovina.

  • European Convention: Yes (ratification/accession: 1 September 1993).

  • ICSID Convention: Yes (ratification/accession: 14 May 1997).

  • Energy Charter Treaty: Yes (ratification/accession: 10 January 2001).

 

Last updated February 2019