INSTITUTIONAL ARBITRATION IN THE REPUBLIC OF NORTH MACEDONIA LEGAL REFORMS AND CIVIL CASE EXPERIENCE
Leandrit MUSTAFI, Landonita ILJAZI, Nazmije SHAQIRI
Abstract
This paper examines the development of institutional arbitration in the Republic of North Macedonia. The study is based on doctrinal and comparative legal analysis, combined with an examination of institutional practice and available case-related data from the Permanent Court of Arbitration within the Economic Chamber. This combined approach makes it possible to assess both the legal framework and its implementation in practice.
The analysis shows that arbitration offers clear advantages in commercial disputes, particularly in terms of efficiency, confidentiality, and procedural flexibility. At the same time, several challenges continue to affect its wider use. These include the absence of clearly defined procedural timelines, insufficient awareness among small and medium-sized enterprises, and the continued reliance on state courts for the enforcement of arbitral awards.
Although arbitration has been increasingly recognized as an alternative to court litigation, its practical application within the national legal system remains limited. While the legal framework is largely aligned with international standards, the findings suggest that arbitration in North Macedonia has not yet reached its full practical potential. The paper therefore highlights key limitations in its current application and points to the need for strengthening institutional capacity and promoting greater use of arbitration in practice.
Pages: 165 - 171