International Journal of Social Science & Economic Research
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Title:
INTERNATIONAL ARBITRATION, THE ADVANTAGES AND THE ROLE OF THE STATE COURTES IN THE DEVELOPMENT OF THIS INSTITUTE AN OVERVIEW ON THE ALBANIAN LEGISLATION AND JURISPRUDENCE

Authors:
Artan Spahiu

Abstract:
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.

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