Attorney-at-law Pirkka-Marja Põldvere participates in lawmaking
The Ministry of Justice has forwarded a draft project for law amendments regarding arbitration proceedings (available in Estonian here) to the respective target groups. The project is to a large extent based on the comparative analysis of the arbitration proceeding regulation (available in Estonian here) compiled by attorney-at-law Pirkka-Marja Põldvere at the request of the Ministry of Justice.
The higher goal of the possible law amendments is to decrease problems with permanently operating arbitration tribunals and the direct enforcement of their decisions, especially regarding the issues of consumers. Pirkka-Marja Põldvere finds the previous regulation of Estonia reasonable, according to which the public law conditions do not apply to the activities of the permanently active arbitration tribunals. At the same time Pirkka-Marja Põldvere is recommending to consider the amendment or cancellation of the second sentence of Art. 753 (1) of the Code of Civil Procedure („A decision made in a proceeding of a permanent arbitral tribunal operating in Estonia is subject to recognition and enforcement without separate recognition and declaration of enforceability by the court.“). Similarly to most of the European countries, in such case all the arbitration decisions made in Estonia should be declared enforceable by court before enforcement. This, in turn, would guarantee the national control on the protection of procedural rights of persons.