If there is one thing that non-specialists in the field of arbitration seem to be sure about, that is that arbitration is an optional mechanism, to be used if so desired by the parties which make appropriate legal arrangements (usually arbitration agreement) for its use within a given legal framework. But this is not always the case.

Arbitration and mediation are often contrasted in rather stark terms – the former typically requiring neutral, distanced arbitrator(s) who reached a legally binding decision; and the latter with a third-party mediator as a far more involved party who aims to guide the parties to their own mediated settlement.

The interplay of human rights protection and arbitration law is not often mentioned or considered by many practitioners. However, apart from issues arising from the right to a fair trial (Article 6 of the European Convention on Human Rights), another avenue is through viewing an arbitral award as a possession within the meaning of Article 1 of Protocol 1 to the Convention on Protection of property .

As much as it might seem optimistic to say that pandemic times are behind us, there is certainly a trend to look towards the future in which at least the gravest restrictions of pandemic times are unlikely to occur. This is so in arbitration world as well, in particular regarding the extent to which the legacy of technology use during previous years is likely to live on or even expand. Along those lines, ICC has recently published its Report on Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings (https://iccwbo.org/publication/icc-arbitration-and-adr-commission-report-on-leveraging-technology-for-fair-effective-and-efficient-international-arbitration-proceedings/) . In addition to plethora of relevant information and guidance, the Report also contains a 2021 survey among arbitration professionals and other individuals related to arbitration concerning the experiences and predictions of using technology in arbitration in the pre-, during and post-pandemic context (see for all below data pages 41-45 of the Report). Despite its expected…

MEDICAL LAW Medical Malpractice A medical malpractice, as a central concept of medical law, is a doctor’s action contrary to the rules of the medical profession or non-compliance with the rules that make up the medical standard. The specificity of the profession, which is based on the protection of human health and life, affects the fact that medical malpractice has a bigger impact than errors that can occur in other professions. Our Health Care Law uses the term professional error. Professional error means negligent performance of health activities in the form of neglect of professional duties in providing health care, negligence or omission, or non-compliance with established rules of the profession and professional skills in providing health care, which leads to injury, damage, deterioration of health or loss of body parts of the patient. Responsibility for professional error is determined in disciplinary proceedings before the competent body…

AKT Todorovic and Partners Prevails in a BAT Arbitration It is with great pleasure that we can announce that AKT Todorovic and Partners, representing Mr Aleksandar Kostoski as a respondent, has prevailed in a Basketball Arbitration Tribunal (BAT) Arbitration 1730/21 IBC Balkan v Kostoski. The sole arbitrator, Klaus Reichert SC, has issued his award on 21 March 2022 and has completely dismissed all the substantive claims against Mr Kostoski, and has ordered full administrative costs to be borne by IBC Balkan as claimant, as well as awarding the legal representation fees to our client. This is a fantastic and well-deserved outcome for our client, and AKT has been happy to assist to reach this just result. The AKT team on this case has been led by Dr Ivan Todorović and Dr Velimir Živković as of counsel, with generous support from the whole AKT staff. The case has involved interesting issues…