Iustinianus Primus Faculty of Law

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Arbitratbility of Defamation Disputes: Expanding the Boundaries of Arbitrability in Macedonia
(Permanent Arbitration at the Chamber of Commerce and Industry of Serbia, 2017-10)
Deskoski, Toni
;
Dokovski, Vangel
The objective arbitrability, which determines the range of arbitrable disputes, is set up by mandatory rules of private international law. Such disputes are in the field of bankruptcy, family law and criminal law. Each state decides which matters may or may not be resolved by arbitration with its own political, social and economic policy. The legislators and courts in each country must balance between the domestic importance of reserving matters of public interest to the courts against the more general public interest in promoting trade and commerce and the settlement of disputes. The authors are emphasizing that until 2012, defamation and insult were provided as criminal acts under the Criminal Law of Macedonia. In such a situation, the issue whether a statement of a person constituted defamation or an insult, was not arbitrable. However, the types of damages that could be awarded to the injured person, and their amount, were an arbitrable issue. In 2012 defamation and insult were repealed from the Criminal Law, and a new Law on civil law liability for defamation and insult was enacted. Thus, the issues of liability and compensation arising from insult or defamation are arbitrable.
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PARTY AUTONOMY IN FAMILY MATTERS IN THE EUROPEAN AND IN THE MACEDONIAN PRIVATE INTERNATIONAL LAW - FROM A COMPARATIVE PERSPECTIVE
(Iustinianus Primus Law Faculty in Skopje, 2016)
Deskoski, Toni
;
Dokovski, Vangel
This article is an examination of the party autonomy regarding family issues in private international law with main focus to marriage, matrimonial and patrimonial issues and divorce. It provides a comparative overview of the current situation in the EU Private International Law and in the Macedonian Private International Law.
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Whose Family Name upon Birth and Marriage? Macedonian and European PIL Perspectives
(Faculty of Law, University of Niš, 2016)
Deskoski, Toni
;
Dokovski, Vangel
This article is an examination of the issues of family name in private international law with main focus to the situations of birth and marriage. It provides a comparative overview of the current situation in the EU Private International Law and in the Macedonian Private International Law This analysis considers also the extent to which the law and culture in the European Context are interconnected. The main hypothesis in this article is that the Laws governing names have function as a form of social control. Hence, all states are using their legislative power to determine content, right and protection of the family name.
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Arbitrability Corporate Disputes - Focus on Employments
(Iustinianus Primus Law Faculty in Skopje, 2017-11)
Deskoski, Toni
;
Dokovski, Vangel
Form a corporate perspective, there are several type of disputes: disputes involving economic interest, disputes not involving economic interests, disputes in partnerships, disputes between company and its organs and disputes in employment matters. Now, speedy and effective settlement of disputes (regardless of their nature) is a primary requirement for the smooth flow of trade at all levels – local, national and international. Today, arbitration is a very popular form of alternative dispute resolution, especially in commercial disputes. Among the various ADR mechanisms, arbitration is the closest in spirit to the adjudication process. Unlike other settings, the arbitrator is granted the authority to decide the case and deliver awards to the parties in dispute.
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Arbitratbility of Defamation Disputes: Expanding the Boundaries of Arbitrability in Macedonia
(Permanent Arbitration at the Chamber of Commerce and Industry of Serbia, 2017)
Deskoski, Toni
;
Dokovski, Vangel
The authors of this text give an overview of the challenging question concerning the arbitrability of defamation disputes in Macedonia. Since arbitration is an alternative dispute resolution with public policy consequences, traditionally, some types of disputes are reserved for exclusive court jurisdiction. Such disputes are in the field of bankruptcy, family law and criminal law. Starting from 2012, the concept for civil liability for defamation is introduced in Macedonia. By adopting the Law on Civil Liability for Insult and Defamation, defamation is no more a criminal offence. The Law on Civil Liability for Insult and Defamation shall guarantee the freedom of expression and information as one of the essential foundations of the democratic society. The restrictions on the freedom of expression and information are legally regulated by setting out strict conditions concerning the civil liability for insult and defamation, pursuant to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 10) and the case-law of the European Court of Human Rights. The authors analyses the boundaries of arbitrability of defamation disputes in Macedonia by providing a comparative overview of the current situation under the legal framework. Thus, the subject of the research shall be the legal grounds for arbitrability of defamation disputes in Macedonia and why should parties opt in for arbitration of such disputes.
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Party Autonomy in Family Matters in the European and in the Macedonian Private International Law - from a Comparative Perspective
(Iustinianus Primus Law Faculty in Skopje, 2016-06)
Deskoski, Toni
;
Dokovski, Vangel
This article is an examination of the party autonomy regarding family issues in private international law with main focus to marriage, matrimonial and patrimonial issues and divorce. It provides a comparative overview of the current situation in the EU Private International Law and in the Macedonian Private International Law.
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Characterization of Family Name upon Marriage in Private International Law
(Iustinianus Primus Law Faculty in Skopje, 2017-06)
Deskoski, Toni
;
Dokovski, Vangel
This article is an examination of the issues characterization in private international law. It provides a comparative overview of the current situation in the EU Private International Law and in the Macedonian Private International Law. The fundamental importance of characterization in private international law is derived from the postulate that characterization controls the solution of the conflict of laws. When a court has to determine the law applicable to a factual situation, it must first place the specific action into its correct legal category before selecting the applicable law.
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Notes on Arbitrability - Focus on objective arbitrability-
(Iustinianus Primus Law Faculty in Skopje, 2018-06)
Deskoski, Toni
;
Dokovski, Vangel
According to the principle of Kompetenz-Kompetenz, an arbitral tribunal is vested with the authority to decide upon its jurisdiction with respect to any given dispute. In making such a decision, it will review the respective arbitration agreement and it will consider general legal principles affecting its jurisdiction. This decision will inevitably include an assessment as to whether the dispute at hand is arbitrable. The arbitral tribunal's determination, however, is not necessarily final. It might be subject to judicial review. In a motion to set aside the tribunal's determination or during a challenge of the final award at the recognition and enforcement stage, a court may take a `second look' at the arbitrability of a particular matter. The nature of such judicial review has been the subject of extensive scholarly debate in the past. Therefore, when parties and their respective lawyers consider dispute resolution mechanisms for a corporate dispute, they first need to determine whether the dispute is arbitrable or not. As a general rule, corporate disputes are arbitrable. In this text the authors will analyze the objective arbitratibility from comparative perspective and give some comments regarding the Law on International Commercial Arbitration of Republic of Macedonia.
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Lex contractus for specific contracts under the Rome I Regulation
(Iustinianus Primus Law Faculty in Skopje, 2019-06)
Deskoski, Toni
;
Dokovski, Vangel
The choice of law in contract has emerged from three main factors the first factor is the place where contract is made, the performance of the contract and the nationality or the place where contract is made. The issue of choice of law in contract becomes more pertinent when there are number of connecting factors involved in the contract. This issue is very common in all countries and almost all countries have tried various methods to solve it out. Contracts are the foundation of economic activity. They are concluded in all shapes and sizes. In the case of cross-border contractual arrangements in particular, it is vital to determine which law applies to the contract It is also important to investigate whether general conditions also apply, and if so, which set will prevail if several sets have been declared applicable. It is vital to clearly lay down a choice of law and the applicability of general conditions in the agreement, so that no disputes may arise about this in the future.1 This article analyses the law applicable to specific contracts the European Union choice of law rules, such as contracts for carriage; certain consumer contracts; insurance contracts and individual employment contracts.
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THE BIRTH AND RISE OF THE INTERNATIONAL COMMERCIAL COURTS IN PARIS - BOOSTING LITIGATION OR ALTERNATIVE TO ARBITRATION
(Iustinianus Primus Law Faculty in Skopje, 2019-12)
Deskoski, Toni
;
Dokovski, Vangel
;
Kocev, Ljuben
The process of the withdrawal of the United Kingdom form the European Union is becoming more and more complicated. However, the consequences are closer than ever. With UK on the doorstep of leaving the EU, the decisions issued by its courts would no longer benefit from the recognition system provided in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. As a result of this, it is expected that London would no longer be seen as a primary destination for international litigants. In the awaiting of the aftermath from the Brexit, other cities and member state countries of the EU have started the race to position themselves as the next “legal hub”. While other member states have been vocal about offering alternative courts, so far France has been at the forefront of this initiative. In this text the authors will give an overview of the new the New International Chambers of the Paris Courts. Furthermore, special attention will be given to the comparison of the international commercial courts and arbitration.

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