Albania - Arbitration Law and Practice in Central and Eastern Europe
Enyal Shuke (Albania) is a Partner with Wolf Theiss in Tirana.
Originally from Arbitration Law and Practice in Central and Eastern Europe
1. GENERAL LEGAL FRAMEWORK
1.1 National law
The provisions relevant to arbitration are found in Law No. 8116, dated 29 March 1996 on the “Code of Civil Procedure of the Republic of Albania”, as amended (the “CCP”). Part II, Title IV (“Arbitration”, art. 400 – 439) is a special title in the Albanian CCP regulating arbitration.
The provisions of Title IV are applicable to arbitration procedures when: (i) the participants in the case have their place of residence in Albania and (ii) when the place of arbitration is within the territory of Albania (art. 400).
Other important CCP provisions in the field of international arbitration are contained in Title III, Chapter IX, regulating recognition and enforcement of foreign arbitral awards in Albania.
a) Current status
What is the current status? When was it enacted? Have there already been amendments?
The CCP was enacted by Law No. 8116, dated 29 March 1996, and has been amended several times in relation to arbitration procedures.1
The arbitration chapter of the CCP focuses on the procedures for domestic arbitration and fails to provide rules of arbitral proceedings and court proceedings related to international arbitration. The CCP states that rules on international arbitration shall be established by a separate law - a law which has yet to be adopted in Albania.