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Low credibility between the commercial companies and arbitration tribunal of kosovo as obstacle for a moderate approach

Armand Krasniqi

Arbitration in today’s society is a common method of resolving the contests in the area of national and international trade. The Tribunal of Arbitration is constituted as private mean of resolving possible disputes, based on the preliminary agreement of parties to refer the case to the arbitration of a private tribunal. This form is preferred because of procedural and financial reasons. The Tribunal of Arbitration must fulfill the requests of the justice in accordance with the law and in this function it must follow flexible and fast procedures of preceding the cases. The arbitration can be more expensive than a judicial process in a regular tribunal but the entities are interested and basically agree to proceed with the Tribunal of Arbitration in way to gain time and procedural simplicity. In Kosovo the Tribunal of Arbitration is an new institution. Until now the primary legislation has been completed but is necessary to be completed also the secondary legislation. Despite the establishment of this association and the advantages it offers, national business entities do not trust because of their traditional approach. The paper offers some opinions which are the causes of the mistrust between the two actors. To identify the problems, dilemmas and opinions we are based on empirical data obtained from the survey with 82 respondents. Has been proved that a big number of commercial companies do not have sufficient knowledge or hesitate to contract the arbitration tribunal. Until now this association has judged a small number of cases. Professional institutions should be engaged in increasing the confidence and the image of Arbitration Tribunal of Kosovo. This will increase the awareness of entities about the favors and safety this method provides.

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