Arbitratbility of Defamation Disputes: Expanding the Boundaries of Arbitrability in Macedonia

Abstract

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 In 2012 defamation and insult were repealed from the Criminal Law, and a new Law on civil law liability for defamation and insult was enacted.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.