ALBANIA 5

Gjykata e Lartë e Republikës së Shqipërisë, Civil Panel, 3 June 2015

(“Ital Trade” Ltd. v. “Trapani Charter” Ltd)

03 - 06 - 2015

ALBANIA 5

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction Albania
Excerpt Excerpt decision ALBANIA 5
Summary

The Supreme Court affirmed the decision of the district court, which had declined jurisdiction over a dispute covered by the arbitration clause in the parties’ contract. Since the parties had concluded a valid arbitration clause for arbitration in Italy, the case should be heard in arbitration pursuant to Art. II of the 1958 New York Convention, which applies to international arbitrations seated outside Albania.
Related topics
214 Agreement providing for arbitration in another State
215 Agreement providing for arbitration within forum's State
216 No place of arbitration designated
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

 Referral to arbitration in general
ALBANIA 5