A Path for Kosova Arbitration: What Are We To Do Next?
Session
LAW
Description
This paper delves into a pivotal issue concerning the progression of arbitration within the Republic of Kosovo. The nation introduced its Arbitration Law in 2008, subsequently witnessing the establishment of two alternative dispute resolution centers: the Permanent Arbitration Tribunal affiliated with the Kosovo Chamber of Commerce and the Arbitration Center associated with the American Chamber of Commerce in Kosovo.
However, these arbitration centers have grappled with a limited caseload, and multiple factors have hindered the robust development of arbitration in Kosovo. This paper elucidates the primary causes behind the stagnation of arbitration in Kosovo, including the business community's limited awareness of arbitration as an alternative dispute resolution mechanism, the absence of comprehensive procedural guidelines for arbitrators, a deficiency in expertise among arbitrators certified by these institutions, and protracted processing of requests for the recognition and enforcement of arbitral awards by the courts, among other challenges.
Moreover, this paper focuses on charting a way forward by identifying factors that can facilitate the increased utilization of arbitration in Kosovo, thereby mitigating the existing impediments. The paper scrutinizes several elements that can foster arbitration as a compelling alternative to the already overburdened Kosovo courts for resolving disputes amenable to arbitration. Some of these factors include, but are not limited to, enhanced professionalism in case administration active promotion of arbitration within the business community, filtering the current roster of arbitrators in both centers, regular training for arbitrators on procedures and case management and use of information technology in case arbitration.
As Kosovo proceeds with its rule of law reforms, offering a well-functioning alternative like arbitration can alleviate the strain on the courts. Achieving this vision necessitates investments in the strategies proposed in this paper. These investments have the potential to stimulate the use of arbitration, thereby fostering a more effective and efficient dispute resolution landscape in Kosovo.
Keywords:
Arbitration, ADR, law, technology, Kosovo.
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-95-6
Location
UBT Lipjan, Kosovo
Start Date
28-10-2023 8:00 AM
End Date
29-10-2023 6:00 PM
DOI
10.33107/ubt-ic.2023.142
Recommended Citation
Sejdiu, Korab, "A Path for Kosova Arbitration: What Are We To Do Next?" (2023). UBT International Conference. 21.
https://knowledgecenter.ubt-uni.net/conference/IC/LAW/21
A Path for Kosova Arbitration: What Are We To Do Next?
UBT Lipjan, Kosovo
This paper delves into a pivotal issue concerning the progression of arbitration within the Republic of Kosovo. The nation introduced its Arbitration Law in 2008, subsequently witnessing the establishment of two alternative dispute resolution centers: the Permanent Arbitration Tribunal affiliated with the Kosovo Chamber of Commerce and the Arbitration Center associated with the American Chamber of Commerce in Kosovo.
However, these arbitration centers have grappled with a limited caseload, and multiple factors have hindered the robust development of arbitration in Kosovo. This paper elucidates the primary causes behind the stagnation of arbitration in Kosovo, including the business community's limited awareness of arbitration as an alternative dispute resolution mechanism, the absence of comprehensive procedural guidelines for arbitrators, a deficiency in expertise among arbitrators certified by these institutions, and protracted processing of requests for the recognition and enforcement of arbitral awards by the courts, among other challenges.
Moreover, this paper focuses on charting a way forward by identifying factors that can facilitate the increased utilization of arbitration in Kosovo, thereby mitigating the existing impediments. The paper scrutinizes several elements that can foster arbitration as a compelling alternative to the already overburdened Kosovo courts for resolving disputes amenable to arbitration. Some of these factors include, but are not limited to, enhanced professionalism in case administration active promotion of arbitration within the business community, filtering the current roster of arbitrators in both centers, regular training for arbitrators on procedures and case management and use of information technology in case arbitration.
As Kosovo proceeds with its rule of law reforms, offering a well-functioning alternative like arbitration can alleviate the strain on the courts. Achieving this vision necessitates investments in the strategies proposed in this paper. These investments have the potential to stimulate the use of arbitration, thereby fostering a more effective and efficient dispute resolution landscape in Kosovo.