Businesses do not prefer arbitration to resolve conflicts

The arbitrage centres operate within the framework of the Kosovo Economic Ode and the American Economic Ode in Kosovo.

Arian Zeka, chief executive officer at the American Economic Ode in Pristina, tells Radio Free Europe that despite the fact that in recent years the results in this direction are not satisfactory, trade arbitration is being witnessed as an efficient method of resolving disputes.

The number of minor cases at the American Economic Ode Arbitrazt Centre, but also in the permanent arbitration Tribunal of the Kosovo Economic Ode, has been relatively small. This small number does not suggest that there were no disputes between businesses. I believe there have been conflicts, which have continued with the traditional form of settling them through the” courts.

This means that we are not satisfied with arbitration as a method more efficient than that the court is in resolving conflicts”, Zeka says.

Even Verim Kraja, secretary of the Arbitrazhi Permanent Tribunal at the Kosovo Economic Ode, says there is an increase in concern that business disputes resolve through alternative roads, but not at a satisfactory level. He tells Radio Free Europe that currently in this Tribunal two cases are being resolved.

Two cases are administered in our institution since the beginning of last year and are already in place. The parties in these disputes are foreign and local”, Kraja says.

Meanwhile, Arrian Zeka says it is time for this mechanism to be appreciated and practiced more in society, as an opportunity for conflict resolution.
However, he shows some of the reasons why businesses are reluctant to address arbitrage:
Trying to find out why there is no greater exploitation of arbitration, we have come to a conclusion that always one business business business businessman, doesn't have such efficiency in business. It's about businesses that either don't pay their dues in time or they are entitled to violate the trade-offs they have. And, in this case, they try to avoid arbitrage”.

On the other hand, Vegam Kraja tells of the priorities that have the solution to the conflicts through arbitration. “Arbitrage is alternative solutions to courts. It's a private court organised by the Chamber of Commerce. The first advantage is calculated speed compared to the courts. Our courts are loaded with subjects, have greater participation, and have greater freedom compared to the courts. Then it's with confidential procedure, it doesn't necessarily become public, as the court's work is carried out on open doors”, Kraja explains.

Businesses do not prefer arbitration to resolve conflicts

No court in Kosovo has the right to intervene in the arbitrage procedure, unless otherwise defined by this law.