This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.
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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?
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No
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Comment
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There is no such official or unofficial policy of the courts. They generally respect the parties’ arbitration agreements with some limited exceptions, but they do not necessarily promote arbitration ...more. ...less
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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?
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Yes
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Comment
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N/A
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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
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3
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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
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3
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Comment
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The court will decline to hear a case if there is an arbitration clause or agreement, unless the arbitration clause or agreement is deemed void.
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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?
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Yes
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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?
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Yes
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Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?
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Yes
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Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?
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Yes
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Comment
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The arbitral tribunal or one of the parties to the arbitration proceeding can request assistance from the authorized court of the Republic of Macedonia with obtaining evidence, which the arbitral tri ...morebunal is not able to obtain. ...less
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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?
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Yes
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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?
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Yes
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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
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2
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List the law and article which provide for courts' assistance with interim relief.
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Law on Civil Procedure; Law on International Commercial Arbitration.
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Comment
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Article 6 of the Law on International Commercial Arbitration states that the courts have the authority to supervise arbitration proceedings, but only in specific situations, such as annulment of the ...morearbitration award and other cases stipulated in Article 6. ...less
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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)?
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Enforcement Agency - Private Executors
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Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?
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No
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May a judgment of that court enforcing the award be appealed to a higher court or courts?
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Yes
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May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?
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Yes
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If Yes, indicate the name of the court(s) of appeal
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Court of Appeals
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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?
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No
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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?
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No
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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No
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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?
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No
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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.
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Other grounds include: a party to the arbitration proceedings was not formally notified of the proceedings; the award cannot be understood or contains contradictory decisions; the comp ...moreosition of the arbitration tribunal was not in accordance with the arbitration rules. ...less
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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
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3
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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
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3
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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 ?
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30
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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?
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60
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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?
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90
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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)?
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15
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Comment
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None of the above procedural steps are applicable in Macedonia because the jurisdiction over enforcement of decisions and awards is vested only in the Enforcement Agency – Private Executors.
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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)?
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Basic Court Skopje 2 (as a court of first instance, it has jurisdiction to hear applications for recognition of the international arbitration awards); Enforcement Agency (Private Executors) (in ...morecharge of enforcing international arbitration awards). ...less
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Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?
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No
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May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?
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Yes
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If Yes, indicate the name of the court(s) of appeal
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Court of Appeals
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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"?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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?
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Yes
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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"?
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No
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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?
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No
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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
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Other grounds include: a party to the arbitration proceedings was not formally notified of the proceedings. the composition of the arbitration tribunal was not in accordance with the partie ...mores' agreement. ...less
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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
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3
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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 ?
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30
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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?
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180
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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?
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105
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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)?
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30
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Comment
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It should be noted that the provided estimates on the length of the proceedings may vary and depend on a particular case.
There is still no practice in Macedonia on enforcement of awards ...more before the Enforcement Agency. ...less
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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?
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No
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Additional Comment
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In accordance with the Law on International Private Law, foreign arbitration awards are usually equaled with domestic awards and produce a legal action in the Republic of Macedonia. In case of enfor ...morecement of an international award, a party applying for enforcement has to submit the original or a verified copy of the international award and a certification from the competent foreign court that the award has come into effect. Additionally, the award must not violate the Macedonian laws.
There is no information available that the courts recognize and enforce arbitration awards rendered in other countries, but it is believed that there are no obstacles for the courts to recognize and enforce such awards.
In general, Macedonia has developed a stable legal framework for efficient arbitration process. However, there is still a lack of practice in resolving disputes in arbitration. ...less
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