Introduction to arbitration
What is arbitration?
Arbitration is a form of resolving disputes through Alternative Dispute Resolution methods, in which the dispute is resolved by independent third party.
Which claims can be brought in front of the Arbitral Tribunal?
The Arbitral Tribunal accepts all claims that parties intended to arbitrate, through their arbitration agreement, unless those claims are not allowed to arbitrate under Kosovo Legislation.
How do arbitration proceedings start?
Arbitration proceedings are initiated in front of PTA, by filing a Request for Arbitration by one party, when parties have foreseen such dispute resolution method in their agreement. Moreover, according to provisions of the Kosovo Arbitration Rules, the procedure can be initiated through by submitting directly the statement of claim.
Who appoints the arbitrator/s?
The methods of appointing arbitrator/s are usually arranged by arbitration agreement. In case that parties have agreed to resolve the dispute through the panel of arbitrators, consisting of three arbitrators, then each party appoints an arbitrator and two appointed arbitrators select the third arbitrator, which will serve as presiding arbitrator. In case of failure of parties’ to come to an agreement on the process of nominating the tribunal or in nominating the sole arbitrator, then the Kosovo’s Economic Court is the responsible institute for nominating the arbitrator.
Is the award enforceable?
Arbitral awards are final and binding. They are enforceable after being proclaimed as such by the competent court. Based on provisions of the Law on Courts, the competent court for proclaiming enforceable the arbitral awards is the Basic Court of Prishtina – Department for Commercial Matters. Moreover, according to provisions of the Law on Enforcement Procedure, the arbitral awards are considered as executive titles (titulus executions).
Introduction to PTA
The Permanent Tribunal of Arbitration, at the Kosovo Chamber of Commerce is an autonomous and independent arbitral institution providing administrative services for the resolution of disputes between parties through arbitration. The PTA has been administering fast and efficient resolution of domestic and international arbitral proceedings since 2011, thus representing the leading arbitration institution in Kosovo. The PTA has been founded by the Law No. 2004/7 “On Kosovo Chamber of Commerce” and Founding Act. Kosovo has arbitration-friendly legislation. The awards rendered by the PTA have never been set-aside by the national courts.
How does PTA select and appoint arbitrators?
Parties are free to appoint an arbitrator either by choosing an arbitrator from PTA’s list of arbitrators or nominating
Does PTA publishes the awards?
In principle arbitral procedure including award is confidential unless otherwise parties have been agreed. PTA publishes only the extracts of the case together with the case number, whereas the parties’ identity remains confidential.
Law on Arbitration
Law on Arbitration is the governing law to the arbitration proceedings, which regulates the structure and the course of the proceedings.
Can one party to the dispute request interim measures from the tribunal?
Upon the request of one of the parties to the dispute, the Arbitral Tribunal may grant interim measures. Moreover, according to the Law on Arbitration, the parties may request from the competent court imposition of interim reliefs.
Can parties appoint an expert?
Yes. The procedure on the appointment of an expert witness during the arbitral proceedings, can be found in PTA Rules on Arbitration 2011.
Can the parties end the proceedings with an agreement?
Yes. The proceedings will be closed if the parties will reach an agreement to settle their dispute, before the final award is rendered.
Are the tariffs fixed?
The arbitration fee is calculated based on the amount which is disputed during the proceedings.
TA’s scheme on costs of proceedings can be found here:
Who bears the costs of initiating the proceeding?
The party who will initiates the proceedings has to pay the fee at the same time when it files the notice of arbitration.