International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The relevant legislation on arbitration is the Montenegrin Arbitration Act, enacted in 2015.

Under Article 9(3) of the Arbitration Act, an arbitration agreement must be in writing. An oral arbitration agreement shall be deemed to have been concluded in writing if:

• one party sends written notice to the other party referring to a previous oral agreement and the other party fails timely to object to such notice (Article 9(4)(2)); or
• the claimant initiates an arbitration in writing, based on an oral arbitration agreement, and the respondent fails to object to the tribunal's jurisdiction before raising issues as to the merits of the case (Article 9(4)(5)).