Uregulowania arbitrażu na Litwie

ENThe development of commercial arbitration in the Republic of Lithuania is analysed in the article. A brief analysis of the historical development of arbitration throughout the past hundred years is provided at the beginning of the article; however, the main part of the research is dedicated to the analysis of the current legal situation. The author thoroughly analyses the recent case-law of the Supreme Court of the Republic of Lithuania concerning the most critical questions of the functioning of arbitration, revealing the pro-arbitration stance established in the case-law in question. The fact that Lithuanian courts strictly uphold the principle of favor contractus when deciding on the validity of arbitration clause as well as the rule of the non-interference with the content of foreign arbitral awards when adopting a decision on their recognition and enforcement proves that Lithuania has clearly adopted a pro-arbitration approach. The argument that Lithuanian stance is pro-arbitration is also supported by the fact that Lithuanian law on arbitration is based on Model Law on Arbitration, prepared by UNCITRAL. Moreover, the concept of ordre public is interpreted narrowly, i.e., as international public order, which is related to certain fundamental, principal values of constitutional level (e.g., impartiality and independence of an arbitrator among others). Other important aspects of arbitration are also analysed in the article. These include the confidentiality of the process, the competence-competence doctrine, the conditions of the establishment of the arbitration institution, the possibilities of application of the interim measures, the possibilities of setting aside an arbitral award and others. The research conducted allows making a conclusion that legal rules on arbitration in Lithuania along with the case-law established by the courts are arbitration-friendly. The state acknowledges arbitration as an absolutely equivalent alternative to the justice per.