This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.
|
*
Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country?
|
Yes
|
|
Comment
|
The Albanian legal system guarantees the right to choose arbitration as a dispute resolution method and enforce the eventual arbitration award in Albania. The Code of Civil Procedure contains specif ...moreic provisions in this regard.
The courts have also stated a pro-arbitration policy:
There is a unified decision delivered by the Joint Colleges of the Supreme Court that underscores a pro- arbitration policy.
Supreme Court decision No. 7/2008 stating: "From the review of both agreements, we observed that, the parties have decided to resolve their disputes by international arbitration in one case …. Therefore, it was the parties themselves that have agreed not to submit the dispute to the Albanian courts’ jurisdiction."
Supreme Court decision No. 1425/2007 stating: "The court was right when deciding that the provision for dispute resolution was valid and that the dispute was to be resolved by arbitration in accordance with Article 404 of the Code of Civil Procedure."
However, in general the courts have been reluctant to support arbitration proceedings. Since such procedures are new in Albania, their implementation requires the Albanian Government to assume a proactive position.
...less
|
|
*
If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts?
|
Yes
|
|
Comment
|
Article 417 of the Code of Civil Procedure stipulates that the arbitration tribunal may, whether challenged by one of the parties or on its own initiative, decide on its jurisdiction over the dispute ...more, as well as on the validity of the arbitration agreement itself. ...less
|
|
*
If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
3
|
|
*
If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
|
|
Comment
|
By virtue of Article 414 of the Code of Civil Procedure, the Albanian court should decline to hear the case, unless the arbitration agreement is obviously invalid. If one of the parties alleges th ...moreat an arbitration must take place and submits therefore a copy of the arbitration agreement (or show the arbitration provisions in the main agreement) entered into between the parties to the dispute, the court has to check the validity of the arbitration agreement. If the court considers it valid, it will decline to hear the case and refer the parties to arbitration. ...less
|
|
*
Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country?
|
Yes
|
|
*
Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country?
|
N/A
|
|
*
Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?
|
Yes
|
|
*
Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?
|
N/A
|
|
Comment
|
Article 421 of the Code of Civil Procedure stipulates that in case the arbitration tribunal faces difficulties with regard to notification of witnesses or collection of evidence, it may request the a ...moressistance of the relevant district court.
Furthermore, the assistance of the court may be requested by the parties in the following cases:
appointment of the arbitrators, should the parties fail to reach an agreement on arbitrators, provided, however, they agree for such appointment to be made by the court (Article 405 of the Code of Civil Procedure);
exclusion of an arbitrator from the arbitration tribunal in case such exclusion is not done voluntarily by the arbitrator and the arbitration tribunal fails to decide on the issue (Article 409 of the Code of Civil Procedure);
appointment of an arbitrator, in case the parties have appointed an even number of arbitrators and both the parties and the appointed arbitrators have failed to appoint the last arbitrator. In this case the appointment is completed by the President of the First Instance Court (Article 411 of the Code of Civil Procedure);
extension of the mandate of the arbitrators. Such extension is completed by the President of the District Court upon request of one of the parties or of the arbitration tribunal (Article 413 of the Code of Civil Procedure);
enforcement of injunctions ordered by the arbitration tribunal, in case the party subject to the injunction does not voluntarily complies with such injunctions (Article 418 of the Code of Civil Procedure);
correction or interpretation of the arbitration award, in case the arbitration tribunal, which has issued the award, cannot be convened with the same arbitrator(s) (Article 431 of the Code of Civil Procedure);
enforcement of the arbitration award by issuing an enforcement order (Article 432 of the Code of Civil Procedure).
...less
|
|
*
Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country?
|
Yes
|
|
*
Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country?
|
N/A
|
|
*
If an immediate need can be shown, how often do courts grant interim relief requests for assistance?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
1
|
|
List the law and article which provide for courts' assistance with interim relief.
|
Courts are subject only to the Code of Civil Procedure insofar as it concerns this matter.
|
|
Comment
|
The courts in Albania do not have the proper experience with regards to the arbitration procedures. Arbitration procedures are not used often in the judicial system. The practice is vague and the r ...moreeferences cannot be made to specific cases, since the number of cases submitted to arbitration is very few. But, the court assistance with regard to efficiency and fairness of the arbitrators has to be considered under the dismissal procedure of the respective arbitrators, who should resign from the arbitration, but refuse. This issue is brought before the courts to decide. ...less
|
|
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)?
|
District Court (or First Instance Court) for domestic awards;
Court of Appeals for international awards.
|
|
**
Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?
|
No
|
|
*
May a judgment of that court enforcing the award be appealed to a higher court or courts?
|
No
|
|
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?
|
Yes
|
|
If Yes, indicate the name of the court(s) of appeal
|
Court of Appeals
|
|
*
In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?
|
No
|
|
*
In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?
|
No
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy?
|
Yes
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law?
|
No
|
|
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence?
|
No
|
|
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.
|
Other grounds may be summarized as follows:
a) the arbitration tribunal has exceeded its mandate in its decision regarding the requests for which it has been instituted, or did not provide a rul ...moreing on one of the major points of the disputes;
b) the arbitration tribunal’s ruling on its jurisdiction to hear the case was wrong;
c) there were irregularities in constitution of the arbitration tribunal.
...less
|
|
*
What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
2
|
|
*
What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
2
|
|
*
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?
|
30
|
|
*
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?
|
40
|
|
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?
|
270
|
|
*
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?
|
28
|
|
Comment
|
A final domestic arbitration award is self-executory, according to Article 510(ç) of the Code of Civil Procedure. The enforcement of the respective domestic award involves only with the issuance of ...morethe execution order. The procedure on issuing the execution order involves one or two court hearing, without the presence of the other party.
Meanwhile, the procedure of recognition and issuing the execution order of a final international award is done by the Court of Appeals, which verifies the requirements set out in Article 394 of the Code of Civil Procedure.
...less
|
|
Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)?
|
Tirana Court of Appeals
|
|
**
Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?
|
Yes
|
|
*
May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?
|
Yes
|
|
If Yes, indicate the name of the court(s) of appeal
|
Supreme Court
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration?
|
Yes
|
|
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy?
|
Yes
|
|
*
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"?
|
No
|
|
*
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence?
|
No
|
|
*
Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts
|
According to the Albanian Code of Civil Procedure (Article 394), the other grounds include:
a) when an Albanian court separately ruled on a dispute involving the same parties, the same subject m ...moreatter and the same cause of action;
b) there is an action pending in an Albanian court, which was filed before the decision of the court of the foreign state had become final and irrevocable,
c) the decision of the foreign court has become final in violation of its legislation.
...less
|
|
*
What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
|
3
|
|
*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?
|
75
|
|
*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?
|
0
|
|
Number of days on average necessary to enforce a foreign arbitration award in your country:
(c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?
|
365
|
|
*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?
|
30
|
|
Comment
|
The time periods indicated in the above table are based on the time periods encountered in practice, as the Code of Civil Procedure does not determine such periods.
|
|
*
In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings?
|
No
|
|
Additional Comment
|
There are few cases subject to settlement in arbitration. The Albanian Court of Appeals verifies all the requirements set out by the Code of Civil Procedure related to recognition of a foreign arbit ...moreral award and usually it issues a recognition decision. ...less
|