Информации Надлежности Организација Предности Политика

Basic information on Arbitration

The Permanent court of Arbitration attached to the Economic Chamber of North Macedonia is a permanent arbitral institution established pursuant to the Law on Chambers of Commerce and the Statute of the Economic Chamber of North Macedonia. The Permanent court of Arbitration attached to the Economic Chamber of North 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 North 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 North Macedonia, has been functioning since 1993. In the recent years, the work of the Permanent court of Arbitration attached to the Economic Chamber of North Macedonia was conducted in accordance with the autonomous arbitration rules of the institution. On April 29th, 2021 new  Arbitration Rules  (Skopje Arbitration Rules)  of the Permanent court of Arbitration attached to the Economic Chamber of North 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 North 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 North 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 North Macedonia

The Permanent Court of Arbitration attached to the Economic Chamber of North Macedonia, performs its function through the President of the Arbitration Court, the Vice President and other members of the Presidency, through the Secretary General of the Arbitration Court and the arbitrators, which in the capacity of sole arbitrators or abritral tribunal conduct the proceedings before the Arbitration Court or in relation thereof. 

 

 

Members of the Presidency of the Permanent Court of Arbitration are:

President

Elena Milevska Shtrbevska, Ph.D

 

Vice President:

Branko Azeski, Economic Chamber of North Macedonia

 

Members:

-Tatjana Shterjova  Dushkovska, Ph. D, Secretary General at Chamber Investment Forum;

- Angelka Peeva Laurencik, LL.M,  Executive director, Image PR;

-Aleksandar Manev, Executive director - Croatia Insurance AD Skopje;

- Nena Nikolovska, LL.M, expert at the Economic Chamber of North Macedonia;

-Aleksandar Spasovski, President of the Supervisory Board, Makpetrol AD Skopje

Why should you agree on the jurisdiction of the Arbitration?

The proceedings before the Permanent Court of Arbitration attached to the Economic Chamber of North Macedonia is governed by the following acts:

- Skopje Arbitration Rules (applicable to proceedings initiated before the Permanent Arbitration after May 6, 2021)
- Rules on the costs in the procedure before the Permanent Court of Arbitration attached to the Economic Chamber of North Macedonia (in force from 04.02.2022)
- DECISION on determining the lists of arbitrators of the Permanent Court of Arbitration attached to the Economic Chamber of North Macedonia

 

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 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.

There are many reasons why arbitration jurisdiction should be agreed upon. Some of the reasons are as follows:

Impartiality in decision-making - by choosing an arbitrator, the parties can reduce the risk of bias in decision-making to the smallest possible extent

Expertise - the arbitrators who participate in the settlement of disputes are known and recognized experts in their field and are obliged to give a written statement about their independence and impartiality in the procedure.

Levels of decision-making - in the arbitration procedure, the subject of the dispute is decided in one level.

Speed ??of the procedure - the usual duration of the arbitration procedure is 6-9 months.

Short deadlines - the deadlines set by the Arbitral Tribunal for submitting submissions should not exceed 30 days.

Confidentiality - arbitration hearings are closed to the public. All documentation related to the arbitration procedure is considered confidential, and the rendered judgment may be published only with the agreement of the parties.

Validity and Enforceability of Arbitral Award - The arbitral award is final and binding on the parties. The arbitration award is final and enforceable.

The parties undertake to execute the judgment without delay, but if it is not executed voluntarily, it can be executed by means of forced execution.

In addition to the Notification for acceptance of the appointment as an arbitrator, each arbitrator also submits a Statement of availability, impartiality and independence, where the arbitrators undertake to act independently and impartially, in accordance with the Code of Ethics for Arbitrators, with the content of which they are familiar. 

Security policy on the website of the Arbitration Court in the Chamber

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