Preliminary Proceedings of the 62th International Academic Conference, Vienna

LAW INSURANCE MEASURES IN ARBITRATION JUDGMENTS

BRUNELA KULLOLLI

Abstract:

Arbitration is one of the alternative and efficient ways of resolving disputes. The fundamental characteristic of arbitration is the private and out-of-court resolution of disputes. In this paper, I will deal only with the part that has to do with the insurance measures to sue in arbitration. Security measures as a whole are measures that aim to preserve the status quo of a certain situation in order to ensure the implementation of the final decision of the arbitral tribunal The first part. We will discuss the purpose of the security measures is to prevent the concealment or disappearance of an asset, in order to ensure the final execution Second part. Innovation of the law "For arbitration in the Republic of Albania and in the spirit of the Jurisprudence of the European Court of Justice. The third part, the ambiguities and problems brought by the harmonization law with the provisions of the code of civil procedure in terms of its orders in the first paragraph, it is determined that it is the arbitration court that has jurisdiction to take measures to secure the lawsuit defined in the agreements of arbitration. The fourth part deals with the comparison of several legislations that provide for the possibility to execute decisions on security measures outside the context of the final arbitral award . These laws have provided for the possibility of enforcement of security measures by the court of the country where the arbitration takes place. The last part will deal with the types of temporary measures of arbitration courts reflected in practice. Conclusions The new law on arbitration has problems that need to be improved and provisions to be found. The law has not provided for an appeal against the insurance measure, it should only be allowed in the final decision, as the autonomy of the arbitration procedure from the review of the courts must be preserved. Safeguards in arbitration may also be taken ante causam (before the arbitration proceedings begin). As such, they can be taken both by institutional arbitration (through the emergency arbitrator) and by judicial jurisdiction, despite the fact that the basis of dispute resolution belongs to arbitration. The competence of the judicial authority to take security measures has also been confirmed by the Court European Court of Justice, despite the fact that the arbitration law tries to minimize the intervention of the court, if in fact it could only be achieved by harmonizing it with the legislation in order to make it applicable.

Keywords: arbitration, security measures, status quo, execution of security measures, European Court of Justice.

PDF: Download