Businesses do not prefer arbitration

Businesses do not prefer arbitration

Solving an economic dispute between businesses in Kosovo courts may last for years. Meanwhile, in arbitrage offices, which operate within economic options in the country, it is said that disputes could be resolved within a six-month period. Despite this, however, businesses continue to turn to these centers [...]

Solving an economic dispute between businesses in Kosovo courts may last for years.

Meanwhile, in arbitrage offices, which operate within economic options in the country, it is said that disputes could be resolved within a six-month period.

But despite that, businesses continue not to address these arbitrage centres, and the number of cases handled by these centres remains low.

The executive director of the American Chamber of Economics (OEAK), Arian Zeka, tells Radio Free Europe that since the operation of the arbitrage centre in the OEC, the number of economic conflicts resolved is over ten cases, which, according to him, is low.

He says businesses are not exploiting arbitration for resolving economic conflicts, despite benefits they may have.

The procedures for resolving conflicts through arbitration are very effective. In the case of a more complex dispute, they do not last more than six months and the same commitments issued by Arbitrazhi Tribulals, only confirmed by the respective state courts and the same could be completed. Actuals in arbitration are appealed only in the procedural aspect”, Zeka says.

Among the business conventions that are presented at the Arbitrazhi Tribulal in Oda American, Zeka says, are of different natures. Mostly, there is a failure to comply with contractual provisions or to misinterpret business provisions.

“Using arbitrage would reduce the number of cases going into court and subject to delays that take place in resolving them. For two to three years in one of the judicial institutions, it could last a solution to an economic dispute between businesses”, Zeka says.

Since 2011, several arbitration centres for resolving business disputes have opened in Kosovo, which can be used to avoid lengthy judicial processes.

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

Financial Affairs expert Milazizim Abazi tells Radio Free Europe that the numerous economic disputes, whose classes wait for years in courts in Kosovo, could only be reduced in the event of the establishment of the Commercial Court.

A good thing that happened in resolving disputes is activating private finishers, but it's not enough to solve the many problems that are between businesses. Along with reforms to be undertaken in the judicial system, there should be the establishment of the commercial Court, as only that as such would help resolve numerous economic conflicts between businesses”, Abazi says.

The establishment of the Commercial Court had warned incumbent Justice Minister in the Government of Kosovo Abelard Tahiri.

The commercial court was stressed to be important for Kosovo, as it would increase the efficiency of handling business materials and help create a better environment for local businesses and foreign investors.

The total number of subjects in courts registered in the Drug Information Management System is over 100,000 matter.

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