ARBITRAGE, AN EFFICIENT ALTERNATIVE FOR RESOLVING TRADE DISPUTES IN ALBANIA, COMPARATIVE OVERVIEW WITH AUSTRIA, ARMENIA, ARGENTINA AND BULGARIA.
Abstract
Arbitration is a new form of dispute resolution in the commercial field in Albania. Economic development has led many international companies to invest in Albania. This topic will focus on the concept of arbitration as the public interest in recognizing this new form of dispute resolution is broad, but what never changes is the argument as to why we turned to arbitration. The parties set the arbitral tribunal in motion and as such have the burden of proof to prove that their claims are based on facts and evidence. Of particular importance in this paper will be the advantages and disadvantages of arbitration as a way of resolving disputes. Another special aspect where we need to dwell will be the contribution of national courts in resolving arbitration disputes. This paper will deal extensively with the place it occupies in Albanian legislation. An important place of this paper will be the analysis of practical cases as a way of combining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration.
Albania needs the recognition of arbitration as an opportunity to resolve the dispute as every action affects the image of the company but also of our country. Models from different countries will help us bring a new but above all efficient approach
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References
2. The Albanian state cannot interfere in the decisions of the arbitral tribunal
3. Albania needs to work harder and promote arbitrage as a positive opportunity to resolve disputes.
4. The contribution of Albanian youth and the ongoing training of young people who intend to be arbitrators in the arbitral tribunal should be necessary
5. The opening of the arbitration court and the institutions that will monitor it will bring vacancies but above all it will save the financial costs of companies to travel abroad.
6. Effectiveness, independence and impartiality must be qualities to guarantee a fair and transparent process in order to increase public confidence in the courts.
7. The arbitral tribunal must also have the right of the consumer.
REFERENCES
1) Prof Mehdi J Hetemi “Arbritrazhi” edition 2017
2) Beth A Simmons and Richard Steinberg International Law and international relations publication 2007
3) Zheng Sophia Tang “Jurisdicton and arbritration agreements in international commercial law edition 2014
LAW
1) Code of Civil Procedure Republic of Albania
2) New York Convention
3) Bulgarian act of arbitration
4) Austrian Arbitration Act
5) Argentine Arbitration Act
6) Argentine Code of Civil Procedure
7) Armenian act of arbitration
Web
1) https://globalarbitrationrevieë.com/insight/knoë-hoë/commercial-arbitration/report/austria
2) https://www.acerislaw.com/cfare-eshte-arbitrazhi-nderkombetar/
3)https://uet.edu.al/ëpcontent/uploads/2021/11/Punimi_i_Doktoratur%E2%94%9C%C2%BDs_Artan_
Spahiu.pdf
Judicial decisions
1) Decision of the high court dated 5.3.2014
2) Decision No.11243-01441-00-2013 of Reg. Founder No. 00-2013-1735 of Decision (356)
3) Decision of the arbitral tribunal dated 1.9.2020
4) Decision of the arbitral tribunal dated 10.7.2014
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