This master's thesis examines the legal consequences of a breach of an arbitration agreement and the legal protection available to a party seeking to ensure compliance with the agreed method of dispute resolution. The analysis is based on the premise that an arbitration agreement has a mixed legal nature, combining substantive and procedural law elements. It concludes that Slovenian law does not comprehensively regulate the consequences of a breach of an arbitration agreement and that, in addition to the Slovenian Arbitration Act, the assessment of such consequences requires the application of the general rules of contract law and comparative legal solutions. Among the procedural consequences, the central mechanism is the stay or dismissal of court proceedings following an objection based on the arbitration agreement. The thesis also examines the institution of the anti-suit injunction, whose use is limited within the European Union and is not specifically regulated under Slovenian law. Among the substantive consequences, particular attention is given to compensation and the general prerequisites for its award. The analysis of the right to terminate an arbitration agreement shows that such a possibility is recognised in foreign jurisdictions in cases of particularly serious or material breach, while Slovenian case law has not yet addressed this issue. The principal finding of the thesis is that effective legal protection requires a combination of procedural and substantive remedies, as well as a clearer and more comprehensive statutory regulation of breaches of arbitration agreements and the sanctions applicable to such breaches.
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