ARBITRATION IN ALBANIA: HISTORICAL TRADITION AND THE NEW LEGAL FRAMEWORK

Abstract

This thesis consists of an in-depth analysis of the arbitration system in the Republic of Albania. Its purpose is to analyse in detail how arbitration arose in this system, what difficulties it has gone through and how it has been implemented into the current Albanian Legal System overall. In historical terms, this thesis has begun its analysis since the 15th century with the Kanun of Lekë Dukagjini, making a direct comparison between the judicial process during the exercise of the customary rules that this Kanun provided, with the many similarities it has with the practice of modern arbitration. The historical aspect then continues with the time of the Albanian Monarchy, ruled by King Zog, where the weak initiatives undertaken by the state in the framework of arbitration practices have been analysed. The most culminating historical part is that of the nationalisation of arbitration and the weakening of customary practices during the communist regime. The historical analysis ends precisely with the fall of the communist regime and the attempts that were made afterwards in the reformation of the Albanian Arbitration System and the explanation of how all these transitions have influenced the later drafting of a proper arbitration law. A special section is dedicated to the analysis of the Albanian Arbitration Law and its comparison with the international UNCITRAL model or even with foreign practices, in order to bring a more understandable approach to the improvements brought by this law, or the possible improvements to be carried out in the future. This reasoning is also linked to the analysis of domestic interactions in state institutions and their role in the domestic arbitration practice. After this analysis, the thesis takes its final form where the summary of challenges, conclusions and recommendations begins and constitutes the final of this thesis.