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Albania - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Author(s): 
Flutura Kola Tafaj
Page Count: 
23 pages
Media Description: 
1 PDF Download
Published: 
September, 2022
Jurisdictions: 
Albania
Practice Areas: 
Arbitral Awards,
Confidentiality and Publication,
Arbitral Process,
Dispute Resolution & Litigation,
ADR,
National Legislation,
Authority of the Arbitral Tribunal,
Arbitrators and Arbitral Tribunals,
Arbitral Adjudication,
Applicable Law,
Agreement to Arbitrate,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
Practice & Procedure
Author Detail: 

Mirela P. Bogdani is Lecturer at Law Faculty, University of Tirana, Albania, teaching Legal Research and Writing and also private attorney at
law.

Flutura Kola Tafaj is a Partner with the Kola & Associates Law Firm based in Tirana, Albania since October 2005 and a Lecturer of Civil
Procedure Law, Arbitration Law and Alternative Dispute Resolution at the Faculty of Law, University of Tirana since October 1995.

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Description: 

Originally from World Arbitration Reporter (WAR) - 2nd Edition

I.  INTRODUCTION: ARBITRATION IN ALBANIA – HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

Arbitration in Albania, as a key method of alternative resolution disputes, dates back to after the Second World War. However, before the 1990s arbitration was only practiced on the State  level/Public Arbitration.

More specifically, State Arbitration in Albania had been governed by the following Rules and Regulations, which are mentioned for the sole purpose of providing some historical background:

• Law No. 443, dated in 1947 “On the resolution of assets conflicts by State Arbitration”

• Decree No. 1872, dated in 1954 “On the State Arbitration” and the Regulation approved for its practical application

• Decree No. 4359, dated in 1968, which created for the first time in Albania the Arbitration Office for Foreign Trade, attached to Trade

• Decree No. 5009, dated 10.11.1972, which completed and accurate legal framework related to establishment and functioning of State Arbitration Office, amended later on by the Decree No. 6927, dated 14.11.1984 “On some amendments to the Decree No. 5009, “On State Arbitration Office”.

Pursuant to the abovementioned legislation, the State Arbitration Office in Albania aimed to resolve assets conflicts and disputes, pre-contractual conflicts as well as assets or possessions conflicts deriving from occurrences and/or actions that were producing legal consequences of civil nature amongst public undertakings, state institutions and social organizations, despite the value or significance of the lawsuit.