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ALBANIA 6
. Gjykata e Lartë e Republikës së Shqipërisë, 1 June 2016
(“2T” Sh.p.k. v. “Iren Acqua e Gas” (IAG), Albanian Branch)
ALBANIA 6
The Supreme Court affirmed the decision below, which had held that the Albanian court lacked jurisdiction because of the arbitration clause in the contract between the parties. Albanian parties may agree to refer disputes to international arbitration – here, ICC arbitration in Paris. The arbitration clause was valid under the applicable 1958 New York Convention and 1961 European Convention. The claimant/appellant did not argue that the clause was invalid or incapable of being performed. Its argument that the dispute did not fall within the scope of the arbitration clause was without merit: as noted by the court below, the claim – payment under the contract and related damages – clearly concerned the contract’s performance.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.