Arbitrabilnost Isključenja Člana Društva S Ograničenom Odgovornošću

Abstract

The core of the work is a positive-legal analysis of the arbitrability of the exclusion of an LLC member. To justify the positive attitude towards the arbitrability of these proceedings, German jurisprudence and court practice were analysed, since they have been proven to be the most fruitful creators and shapers of the subject of arbitrability in company law and, as the most significant authority on this issue, have created over the years, a series of relevant works and decisions, primarily the trilogy (or tetralogy) of Schiedsfähigkeit/Arbitrability decisions. It has been argued that the possibility of excluding the jurisdiction of courts in proceedings for the exclusion of an LLC member and, instead, of forming an arbitration court is the result of private autonomy in limited liability companies, whose limitations are determined in advance. The paper holds an affirmative position regarding the arbitrability of the exclusion of an LLC member based on the LLC’s articles of organization and the exclusion due to an important reason, because of the objective and subjective arbitrability of the exclusion procedures.