Summary

FYR Macedonia’s Law on International Commercial Arbitration (2006) applies to both national and international arbitrations taking place in FYR Macedonia. FYR Macedonia has also enacted a Law on Mediation (2006). All commercial disputes are arbitrable, except those involving rights over immovable property, aviation and ships, and bankruptcy. Arbitration is not often used as a method of dispute resolution, however. Parties are free to appoint arbitrators of any nationality or professional qualifications. The law requires the impartiality and independence of arbitrators and the confidentiality of the arbitration proceedings. Parties can choose to be represented by foreign lawyers in arbitration proceedings in FYR Macedonia. Parties to arbitration without an international element may only choose FYR Macedonia as the seat of arbitration. The arbitral tribunal or one of the parties can request legal assistance with the taking of evidence or enforcement of provisional measures from an authorized Macedonian court. Such requests are usually granted. Domestic arbitration awards are directly enforced by an enforcement agency (private executors), which takes around 15 weeks. A court of first instance in Skopje has jurisdiction to recognize and enforce foreign arbitration awards, which takes roughly 34 weeks (assuming there is no appeal).