The advantages and disadvantages of arbitration in relation to the regular courts in Kosovo

Mulaj, Valbon (2018) The advantages and disadvantages of arbitration in relation to the regular courts in Kosovo. Hungarian Journal of Legal Studies, 59 (1). pp. 118-133. ISSN 2498-5473

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Abstract

The purpose of this article is to identify advantages and disadvantages of arbitration in relation with regular courts in the Republic of Kosovo, in both the national and international aspect. In general, arbitration is more flexible and provides more privacy than litigation. An arbitration case provides more privacy than litigation. Arbitration participants can agree to keep the final resolution and sensitive information completely private. The disputes arising in the arbitration may be identified and resolved by specialized professionals in the particular fields as the list of arbiters consists of those who have professional background in certain majors. This article will be a comprehensive reference work on arbitration, considering that it has only been present in the Republic of Kosovo since 2010. In the framework of the institutional arbitration, the founding institutions of arbitration decide on the costs of the arbitration procedure so that the parties know the costs from the outset. Based on the decision on the costs of the arbitration procedure, the settlement of disputes in arbitration is less costly than in regular courts, as in some cases, court proceedings in regular courts last longer.

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