ALBANIA Law and Practice Contributed by: Maksim Haxhia, Artan Hajdari and Eris Hysi, Haxhia & Hajdari Attorneys at Law
Haxhia & Hajdari Attorneys at Law Blv. “Dëshmorët e Kombit”Twin Towers, 2, Suite 9/1 & 2 Tirana Albania Tel: +355 42 280171 Email: office@lawfirmhh.com Web: www.lawfirmhh.com
1. General 1.1 Prevalence of Arbitration
and interaction with public authorities. Energy, con - struction and infrastructure, concessions, transport and logistics, natural resources, telecommunications and information-related businesses are the principal areas in which arbitration clauses and investor-State disputes are encountered. Recent publicly recorded proceedings illustrate con - tinuing investment-arbitration activity and a broad - er range of regulated businesses. EMS Shipping & Trading GmbH v Republic of Albania , ICSID Case No ARB/23/9, remains publicly listed by the International Centre for Settlement of Investment Disputes (ICSID) as an Albania-related investment case. Mrs Mimoza Ndroqi v Republic of Albania , PCA Case No 2023-64, is a pending investment arbitration identified by the Permanent Court of Arbitration (PCA) in the informa - tion and communication sector. These sectors tend to generate arbitration because projects are long term, heavily regulated and frequently involve licences, con - cessions, public bodies or significant sunk costs. Dis - putes therefore commonly raise questions of contrac - tual performance, regulatory intervention, termination and compensation. 1.3 Arbitration Institutions For investment disputes involving Albania, ICSID remains a prominent forum where the jurisdictional requirements of the ICSID Convention and the rele - vant investment instrument are satisfied. PCA-admin - istered proceedings under the UNCITRAL Arbitration Rules are also used in Albania-related investor-State cases. In international commercial contracts, the Inter - national Chamber of Commerce (ICC) continues to be
International arbitration is an established dispute- resolution mechanism in Albania, particularly for cross-border projects, foreign investment and con - tracts involving the State or State-linked entities. It is frequently selected in concession, infrastructure, energy and other long-term projects where the par - ties seek a neutral forum, specialised decision-makers and an award capable of cross-border enforcement. For purely domestic disputes, court litigation remains more common, although arbitration is now supported by a dedicated statutory framework. The position has changed materially since 2023 and the guide for that year. Law No 52/2023 on Arbitration now regulates both domestic and international arbitra - tion where the seat is in Albania. The new framework has removed the earlier legislative gap and provides rules on arbitral agreements, tribunal formation, inter - im measures, procedure, awards, setting-aside and enforcement. In practice, Albania-related arbitration continues to be most visible through contractual arbi - tration clauses, investment arbitration and the recog - nition or enforcement of foreign awards; Albania is not yet a frequently selected international seat, but the 2023 law creates a clearer basis for seated pro - ceedings. 1.2 Key Industries International arbitration activity involving Albania remains concentrated in sectors characterised by sig - nificant foreign investment, capital-intensive projects
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