Информации Надлежности Организација Предности

Basic information on Arbitration in the Republic of Macedonia

The Permanent court of Arbitration attached to the Economic Chamber of Macedonia is a permanent arbitral institution established pursuant to the Law on Chambers of Commerce and the Statute of the Economic Chamber of Macedonia. The Permanent court of Arbitration attached to the Economic Chamber of Macedonia has the competence to resolve disputes concerning rights which the parties may freely dispose of and rights for which the law does not prescribe exclusive jurisdiction of the courts of Republic of Macedonia, if parties agree on its jurisdiction.


As an institution competent for arbitrating domestic disputes and disputes with an international element, the Permanent Court - Arbitration attached to the Economic Chamber of Macedonia, has been functioning since 1993. In the recent years, the work of the Permanent court of Arbitration attached to the Economic Chamber of Macedonia was conducted in accordance with the autonomous arbitration rules of the institution. On April 20th, 2011 new Rules for the procedure before the Permanent court of Arbitration attached to the Economic Chamber of Macedonia were adopted, in order to work on modernization of the arbitral dispute resolution and implementing the current trends in this area.

How to agree оn arbitration?

Agreeing on the jurisdiction of arbitration can be done by concluding written arbitration agreement, which can be in the form of arbitration clause expressly stipulated in the main contract concluded by the parties or in the form of arbitration compromise, when the parties conclude a separate agreement, stating that the Permanent Court of Arbitration attached to the Economic Chamber of Macedonia shall have the competence to resolve a particular dispute, in accordance with the established rules of procedure.


To agree on the jurisdiction of The Permanent Court of Arbitration for settling eventual disputes between corporate partners, it is recommended that the contracts should include the following clause:


"All disputes arising out of this Contract or in connection with it, including the disputes concerning its interpretation or validity, shall be settled by the Permanent Court of Arbitration attached to the Economic Chamber of Macedonia, in accordance with the provisions of the Rules of the Permanent Court of Arbitration."


Additionally, in the arbitration clause, the parties can agree on the composition of the arbitral tribunal (sole arbitrator or an arbitration panel of three arbitrators), language or place of arbitration.

Organization of the Permanent Court of Arbitration attached to the Economic chamber of Macedonia

The Permanent court of Arbitration attached to the Economic Chamber of Macedonia, performs its jurisdiction through the President of the Arbitration, the Vice Presidents and other members of the Presidency, through the Secretary of the Arbitration and the arbitrators, which as individual arbitrators or as arbitration panels act in disputes before Arbitration or concerning them.

 


Members of the Presidency of the Permanent Court of Arbitration attached to the Economic Chamber of Macedonia are:
President:
- Goran Rafajlovski Ph.D, “Rafajlovski Consulting” DOO Skopje;
Vice-president:
- prof. Tatjana Zoroska – Kamilovska Ph.D Faculty of Law “Iustinianus Primus” – Skopje;
Members of the Presidency:
- prof. Toni Deskoski Ph.D, Faculty of Law “Iustinianus Primus” – Skopje;
- Meri Mladenovska Gjorgjievska, Attorney-at-law Meri Mladenovska Gjorgjievska Skopje;
- Nikola Nadjakov, Attorney-at-law Nikola Nadjakov Shtip;
- Valentin Pepeljugoski Ph.D, Law office Pepeljugoski Skopje.
- Goce Conevski, Attorney-at-law Goce Conevski Skopje;

Secretary of the Permanent court of Arbitration attached to the Economic Chamber of Macedonia is Tatjana Shterjova.

Why should you agree on the jurisdiction of the Arbitration?

There are numerous reasons why You should opt for arbitration for resolving your disputes:

Impartiality in decision-making - with the selection of an arbitrator, parties may reduce the risk of bias in deciding at the lowest possible level;

Expertise - arbitrators who participate in dispute resolution, are known and recognized experts in their fields and are obliged to provide a written statement for their independence and impartiality in the proceedings;

Levels of decision-making - the arbitration procedure is completed in a single instance;

Speed of procedure - the usual duration of the arbitration procedure is 6-9 months;
Short deadlines - the deadlines set by the Court of Arbitration for filing submissions should not be longer than 30 days;

Confidentiality - arbitration hearings are closed to the public. All documentation related to the arbitration procedure is confidential, while the judgment may be published solely by mutual consent of both parties;

Arbitral awards are final and binding – the arbitral award is final and obligatory for the parties. The parties are obliged to implement the award without any delay, but in the absence of will for voluntary fulfillment of the arbitral award, it is enforceable and can be subject of compulsory enforcement


The procedure before the Permanent Court of Arbitration attached to the Economic Chamber of Macedonia is regulated with:
Rules of the Permanent court of Arbitration attached to the Economic chamber of Macedonia;

Decision on amendments and modifications of the Rules of the Permanent court of Arbitration attached to the Economic chamber of Macedonia;

- Rules of the Permanent court of Arbitration attached to the Economic chamber of Macedonia - unofficial consolidated text

Rules on the costs in the proceedings before the Permanent court of Arbitration attached to the Economic chamber of Macedonia;

- Decision on amendments and modifications of Rules on the costs in the proceedings before the Permanent court of arbitration attached to the Economic chamber of Macedonia

- Rules on the costs in the proceedings before the Permanent court of Arbitration attached to the Economic chamber of Macedonia - unofficial consolidated text


The arbitration has two lists of arbitrators – for disputes without international element conducted  before the Permanent court of Arbitration attached to the Economic Chamber of Macedonia, and for disputes with international element conducted before the Permanent court of Arbitration attached to the Economic Chamber of Macedonia.


The Permanent Court of Arbitration attached to the Economic Chamber of Macedonia has concluded cooperation agreements with Arbitral institution attached to the chambers from Slovenia, Croatia, Bulgaria, Ukraine, Russian Federation, Serbia and Kosovo.

• Cooperation agreement with the Arbitration Court in Slovenia;
• Cooperation agreement with the Arbitration Court in Croatia;
• Cooperation agreement with the Arbitration Court in Bulgaria;
 Cooperation agreement with the Arbitration Court in Kosovo;
• Cooperation agreement with the Arbitration Court in Ukraine;
• Cooperation agreement with the Arbitration Court in Russian Federation;
 Cooperation agreement with the Arbitration Court in Serbia.