ARBITRATING DISPUTES IN THE REPUBLIC OF NORTH MACEDONIA
Journal
Strani pravni zivot
Date Issued
2024
Author(s)
Deskoski Toni; Dokovski Vangel
Abstract
This paper deals with the arbitration framework in North Mace-
donia, presenting the dualistic approach to domestic and interna-
tional arbitration as provided by the national Law on International
Commercial Arbitration (hereafter: LICA) and the national Code
of Civil Procedure (hereafter: CPA). The LICA is based on the
1985 UNCITRAL Model Law on International Commercial Arbi-
tration, which provides a legal framework for resolving disputes
with an international element, allowing the parties the freedom
to choose between ad hoc or institutional arbitration. Contrary
to that, domestic disputes are exclusively reserved for institutio-
nal arbitration. Furthermore, this paper addresses subjective and
objective arbitrability, and analyzes the arbitrability of corporate,
employment and defamation disputes. The procedural aspects
of arbitration, particularly the role of institutional arbitration in
North Macedonia and the governing rules for arbitration proce-
dures, are also exploited.
The issue of recognition and enforcement of foreign arbitral
awards in North Macedonia is also analyzed in this paper. Recent
judicial practices have demonstrated deviation from the Private
International Law Act (hereafter: PIL Act), notably turning ex
parte proceedings into contradictory ones, which undermines the
PIL Act. A case involving the refusal to recognize a Partial ICCAward from Poland and later setting aside the award illustrates
these issues, as the court failed to properly apply the LICA and the
PIL Act. This deviation is also analyzed in the paper.
donia, presenting the dualistic approach to domestic and interna-
tional arbitration as provided by the national Law on International
Commercial Arbitration (hereafter: LICA) and the national Code
of Civil Procedure (hereafter: CPA). The LICA is based on the
1985 UNCITRAL Model Law on International Commercial Arbi-
tration, which provides a legal framework for resolving disputes
with an international element, allowing the parties the freedom
to choose between ad hoc or institutional arbitration. Contrary
to that, domestic disputes are exclusively reserved for institutio-
nal arbitration. Furthermore, this paper addresses subjective and
objective arbitrability, and analyzes the arbitrability of corporate,
employment and defamation disputes. The procedural aspects
of arbitration, particularly the role of institutional arbitration in
North Macedonia and the governing rules for arbitration proce-
dures, are also exploited.
The issue of recognition and enforcement of foreign arbitral
awards in North Macedonia is also analyzed in this paper. Recent
judicial practices have demonstrated deviation from the Private
International Law Act (hereafter: PIL Act), notably turning ex
parte proceedings into contradictory ones, which undermines the
PIL Act. A case involving the refusal to recognize a Partial ICCAward from Poland and later setting aside the award illustrates
these issues, as the court failed to properly apply the LICA and the
PIL Act. This deviation is also analyzed in the paper.
Subjects
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