Abstract
This article aims to analyze the procedure and grounds for the refusal of recognition and enforcement of foreign arbitral awards in Albania by highlighting several legal issues that might arise during the procedure. The analysis is focused on the hierarchy of the applicable legal instruments, the competent authority, and the procedure for the recognition of foreign arbitral awards. The grounds for refusing the recognition of foreign arbitral awards are examined under the provisions of the Albanian Code of Civil Procedure, aiming to provide some guidance on their interpretation, since they have not been specifically drafted for the recognition of foreign arbitral awards. The article concludes that most of the legal issues raised would be avoided through the adoption of a special law on arbitration which would possibly provide for the same grounds for the refusal of recognition of foreign arbitral awards as the New York Convention.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
Notes
Published in the Official Gazette No. 38, p 1836 on 1 December 2000.
Van den Berg (1981), p 81.
Kronke et al. (2010), p 450.
Wolff et al. (2012), p 462.
Gaillard and Siino (2021).
See for example: Decision of the Appeal Court of Tirana No. 34, dated 31 March 2009; Decision of the Appeal Court of Tirana No. 16, dated 23 February 2009.
See for example: Sigval Bergesen v. Joseph Müller Corporation, Court of Appeals, Second Circuit, United States of America, 17 June 1983, 710 F.2d 928.
Decision of the Appeal Court of Tirana No. 34, dated 31 March 2009.
Decision of the Appeal Court of Tirana No. 16, dated 23 February 2009.
Decision of the Appeal Court of Tirana No. 5, dated 17 January 2014; Decision of the Appeal Court of Tirana No. 43, dated 28 February 2017; Decision of the Appeal Court of Tirana No. 252, dated 22 November 2018.
Tirana Court of Appeal Decision No. 7, dated 28 January 2019.
Born (2021), p 4148.
Born (2021), pp 4166–4167.
Hascher (2011), pp 530–531.
Mandro-Balili et al. (2005), p 186.
Tirana Appeal Court Decision No. 7, dated 28 January 2019; Tirana Appeal Court Decision No. 32/1010, dated 1 March 2012; Decision of the Constitutional Court of Republic of Albania No. 288, dated 1 February 2021.
References
Born GB (2021) International commercial arbitration, 3rd edn. Wolters Kluwer, Alphen aan den Rijn
Gaillard E, Siino B (2021) Enforcement under the New York Convention. https://globalarbitrationreview.com/guide/the-guide-challenging-and-enforcing-arbitration-awards/2nd-edition/article/enforcement-under-the-new-york-convention#footnote-059-backlink. Accessed 9 May 2022
Hascher DT (2011) European Convention on International Commercial Arbitration of 1961—commentary. In: van den Berg AJ (ed) Yearbook Commercial Arbitration, vol XXXVI. Kluwer Law International, Alphen aan den Rijn, pp 507–562
Kronke H, Nacimiento P, Otto D, Port NC (2010) Recognition and enforcement of foreign arbitral awards—a global commentary on the New York Convention. Kluwer Law International, Alphen aan den Rijn
Mandro-Balili A, Walker G, Kalia A (2005) Private international law. Kristalina-KH, Tirana
van den Berg AJ (1981) The New York Arbitration Convention of 1958: towards a uniform judicial interpretation. Kluwer Law and Taxation, Deventer
Wolff R, Borris C et al (2012) New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards—commentary. C.H. Beck, München
Funding
The authors did not receive any funding, grant or other support for the submitted work.
Author information
Authors and Affiliations
Corresponding authors
Ethics declarations
Conflict of interest
All authors do hereby declare that they have no affiliations with or involvement in any organization or entity with any financial interest or non-financial interest in the subject matter or materials discussed in this manuscript.
Human and animal rights
The research does not involve humans and/or animals, therefore the authors have nothing to disclose in this regard.
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.
About this article
Cite this article
Kola Tafaj, F., Çinari, S. Recognition and Enforcement of Foreign Arbitral Awards in Albania. Eur Bus Org Law Rev 24, 677–691 (2023). https://doi.org/10.1007/s40804-023-00270-w
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40804-023-00270-w