The national legal orders are increasingly accepting the trend to consider the arbitration institute
as an important mechanism to resolve disputes arising especially from trade and investment
relations. Particularly, in the field of international trade, arbitration appears even more
advantageous from judicial litigation because, among other things, it guarantees the neutrality of
the forum. But, arbitration cannot be extended in the commercial environment of a country
unless it is exposed to a friendly spirit from the domestic regulatory framework and the judicial
system of that State.
The question to be faced up to every national regal order, is the degree to which the national
legislation should accept the judicial intervention in arbitration. On the one hand, the arbitration
shall be "free" from the court, in order to respect the will of the parties to establish an efficient
procedure, but on the other hand, arbitration needs the support of national courts to ensure that
the solution provided by arbitration will be effective. Considering the eminent debate on the
doctrine of law, the target of this research involves precisely the features of the relationship
between national courts and the arbitration process, from the viewpoint of national legislation
and jurisprudence in Albania.
The methodology used by this paper combines the literature review, legal analyzing and case
studies approaches. Through the literature review and legal analyzing approaches, this article
underlines the particularities of the national law on the intervention of the state courts into the
arbitration procedure. Whereas, through the case studies approach, the paper aims to focus on the
practice of the Albanian state courts, to show if the judiciary system is supporting the arbitration
or not. State courts are precisely those who, on behalf of the state, respecting the independence
of the arbitration process, have simultaneously the obligation to support it. The lack of such support will have a negative result on the arbitration instrument which will remain ineffective
and consequently will be useless for the commercial relations.