A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Republic of Albania.

2. Date of entry into force of the New York Convention

16 Dec. 2000.

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity?

No.

(b) commercial relationships?

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

The New York Convention applies to awards rendered in Albania which have foreign elements, such as the parties not being resident or located in Albania.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

Recognition and enforcement of foreign awards in Albania is regulated by:

  1. The New York Convention;
  2. Law no. 8116, dated 29 March 1996, the ‘Civil Procedure Code’ as amended.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

Yes.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

The limitation period for commercial arbitration awards is ten years, unless a shorter period is specified by law for the particular dispute. The limitation period starts running from the date the award becomes final.

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Pursuant to Art. 395 of the Civil Procedure Code, the Courts of Appeal have jurisdiction. There are six Courts of Appeal, which have jurisdiction over different districts of Albania.

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

The motion for recognition or enforcement should be filed with the Court of Appeal of the district where the respondent resides or holds assets.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision granting or denying recognition and enforcement of foreign awards is obtained through inter partes proceedings.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

The parties are entitled to appeal against the Court of Appeal’s decision within 30 days.

(b) How many levels of appeal or recourse are available against this decision?

One, to the Supreme Court.

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

Execution can be started directly after the first decision for enforcement.

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The request for recognition and enforcement of a foreign award must be supported by:

  1. the award and a statement/certificate issued by the tribunal that the award is final. This statement can be either a separate document or part of the award.

  1. a power of attorney for the representative of the claimant;

  1. the written arbitration agreement or clause;

  1. evidence of the registration of the claimant in the commercial register of the country of its residence (if a legal entity), and evidence of the capacity of the person who issued the power of attorney.

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

The entire documents are required.

(c) Are originals or duly certified copies required?

The documents can be submitted in originals or duly certified copies.

(d) How many originals or duly certified copies are required?

Only one original or duly certified copy of the documents is required.

(e) Does the authority or court keep the originals that are filed?

The Court keeps the originals or duly certified copies of the documents.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes.

(b) If yes, into what language?

Albanian.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

The translation of the documents should be made by a sworn translator recognized by the Ministry of Justice of Albania and should be certified by a Notary Public in Albania.

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

It is necessary to provide full translations.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Yes.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

Pursuant to Art. 297 of the Civil Procedure Code, the Court of Appeal may stay legal proceedings for recognition and enforcement:

  1. upon request of both parties (i.e. the claimant and the debtor);
  2. if one of the parties dies or is terminated as a legal entity;
  3. if one of the parties is an individual and does not have, or has lost, the legal capacity to act as party in legal proceedings and it is considered necessary to appoint a legal representative.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

No.

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The documents filed in legal proceedings for recognition and enforcement of foreign award do not form part of the public record.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

The hearings on recognition and enforcement are public. However, for specific reasons (i.e. morality, public policy etc.), the Civil Procedure Code provides for in camera proceedings/confidential hearings.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

Based on the instructions of the Commissioner for Personal Data Protection, the Court publishes its decisions without the personal data of the parties, and should avoid publication of confidential information.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

Only complete and final awards are enforceable.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

A party can obtain recognition and enforcement of non-monetary relief in foreign arbitral awards.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

The Albanian law is silent in this regard.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

A party cannot obtain recognition and enforcement of a foreign award which has been set aside by the competent authority referred to Art. V(1)(e) of the New York Convention.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

There are no other relevant procedural or practical requirements.

Country Rapporteur: Gerhard Velaj