ALBANIA Law and Practice Contributed by: Maksim Haxhia, Artan Hajdari and Eris Hysi, Haxhia & Hajdari Attorneys at Law
7. Procedure 7.1 Governing Rules
a party may seek an interim measure from the court where failure to grant relief risks serious and irrepara - ble harm. This court power is expressly available even where the arbitration is seated outside Albania or the seat has not yet been determined. The precise form of relief depends on the circumstances and the court’s procedural powers. After a tribunal grants an interim measure, the com - petent first-instance court may order its enforcement and may subsequently revoke or modify the enforce - ment order on a party’s application. Law No 52/2023 does not create a domestic statutory emergency-arbi - trator procedure. Where the parties select institutional rules that provide emergency arbitration, such as the applicable ICC Rules, the emergency mechanism arises from those rules. The Albanian statute does not expressly define the status or direct enforcement route for an emergency arbitrator’s decision, so the form of the decision and the chosen rules require careful analysis. 6.3 Security for Costs Law No 52/2023 expressly allows a tribunal to require security or a guarantee as a condition of granting an interim measure. The security is intended to cover potential damage caused by the measure and may be fixed in the amount and form considered appropri - ate by the tribunal. The law does not, however, expressly establish a sep - arate general remedy of “security for costs” covering the opposing party’s anticipated legal and arbitration costs. Whether a tribunal may order such relief may therefore depend on the procedural rules chosen by the parties, the powers conferred by the relevant arbitral institution and the circumstances of the case. Albanian courts likewise do not receive a specific security-for-costs power under the Arbitration Law as a distinct arbitration remedy. Parties concerned about this issue should address it through the applicable institutional rules and the drafting of the arbitration agreement.
The procedure of an arbitration seated in Albania is principally governed by Law No 52/2023, the parties’ procedural agreement and, where applicable, the rules of the permanent arbitral institution selected by the parties. The statute gives substantial procedural autonomy to the parties while imposing minimum standards of equality, notice and the opportunity to present a case. If the parties have not agreed procedural rules, the Arbitration Law applies directly, and the tribunal determines the conduct of the proceedings within that framework. For matters not expressly regulated, the tribunal may apply the Code of Civil Procedure by analogy or use the procedural rules of a permanent arbitral institution as a reference. The law also con - tains specific rules on seat, language, notices, com - mencement, pleadings, hearings, default, evidence, witnesses and experts. Institutional rules should therefore be read together with the mandatory provi - sions of Albanian arbitration law when Albania is the seat. 7.2 Procedural Steps The Arbitration Law prescribes a basic procedural framework but leaves case management largely to party agreement and the tribunal. Unless otherwise agreed, arbitration commences when the respondent receives the request to submit the dispute to arbi - tration. The request must identify the parties, state the subject of the dispute and refer to the arbitration agreement. The claimant submits its claim and supporting evi - dence, and the respondent submits a defence and supporting material within the period agreed by the parties or fixed by the tribunal. The tribunal decides whether the matter will be determined on documents or after a hearing, subject to the parties’ agreement and the statutory right to a hearing where it has not been excluded and a party requests one. The parties must receive timely notice of hearings, and submis - sions, documents and evidence relied on by the tri - bunal must be shared with both sides. A party that
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