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

Abstract

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.