How to commence arbitration procedure
- Pursuant to the Kosovo Arbitration Rules the proceedings commence when the statement of defense is received by the Permanent Tribunal of Arbitration. Upon filing the Statement of Claim, the Claimant must pay a registration fee and enclose the proof of payment with the Request.
The Statement of Claim shall include:
- The names and contact details of the parties;
- Identification of the arbitration agreement that is invoked;
- A brief description of the dispute;
- A statement of the facts supporting the claim;
- The points at issue;
- The relief or remedy sought;
- The legal grounds or arguments supporting the claim;
- The amount in dispute at the time of submission of the statement of claims, unless the claims are not related exclusively to a specific sum of money;
- A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon.
- If a decision by three arbitrators is requested, the nomination of an arbitrator and contact details of that person.
- If a sole arbitrator is to be appointed, the proposal regarding the arbitrator to be appointed and contact details of that person.
Send the Request for Arbitration to the PTA by regular post to:
- Permanent Tribunal of Arbitration at Kosovo Chamber of Commerce
Str. Mother Theresa, No. 20, Office 22
by e-mail to: [email protected]
The Statement of Claim (together with any attachments) shall be submitted in a sufficient number of copies (for the PTA, each of the parties and each of the arbitrators), unless they are submitted by electronic means.
- Upon filing the Request for Arbitration, the Claimant must pay a registration fee in the amount of EUR 200.00 EUR.
- The registration fee must be transferred to the business account of the Kosovo Chamber of Commerce, opened with Raiffesien Bank Kosovo
- The indicated purpose of payment must be the company name/personal name of the Claimant.
- Until the registration fee has been paid, the Secretariat will not send the Statement of Claim to the Respondent. If the Claimant fails to pay the registration fee, the Secretariat shall set a time period for the payment. If the registration fee is not paid within this time period, the Secretariat may terminate the proceedings.
Scheme in Arbitration Proceedings
- Arbitration is a procedure for resolving disputes before the Arbitral Tribunal that can be composed of one or more arbitrators. The provisions of the Kosovo Arbitration Rules enable the parties to agree on the number of arbitrators. Where the parties have not agreed on the number of arbitrators, the dispute is to be decided by a panel of three arbitrators unless the Permanent Tribunal of Arbitration, taking into account the complexity of the case, the amount in dispute or other circumstances, decides that the dispute is to be decided by a sole arbitrator.
- Where the Arbitral Tribunal is to consist of a sole arbitrator, the parties shall nominate the arbitrator jointly. Where the Arbitral Tribunal is to consist of more than one arbitrator, each party shall nominate one arbitrator. The arbitrators thus nominated shall nominate the arbitrator who is to act as the Chairperson of the Arbitral Tribunal.
- Every arbitrator must be impartial and independent and the confirmation of a nominated arbitrator shall be decided upon by the PTA. Once all nominated arbitrators have been confirmed, the Arbitral Tribunal is constituted. As soon as the Arbitral Tribunal has been constituted and the advance on costs has been paid, the PTA shall transmit the file to the Arbitral Tribunal. Based on provisions of the Arbitration Rules and Law on Arbitration, there is no any time limit based on which the arbitral tribunal is obliged to render the award, except in cases when parties agreed to be subject of rules governing the “expedited procedure”, where the arbitral award shall be rendered within 6 months.
Arbitration Procedure Scheme