ALBANIA Law and Practice Contributed by: Maksim Haxhia, Artan Hajdari and Eris Hysi, Haxhia & Hajdari Attorneys at Law
2023 statute will be important in defining the precise intensity of this review.
the statutory regime where chosen by the parties. In practice, arbitrator conflicts, counsel conduct and changes in representation should be addressed early through procedural directions and the applicable insti - tutional framework so that equality of the parties and the integrity of the proceedings are preserved. 13.3 Third-Party Funding Law No 52/2023 is silent on third-party funding. It does not prohibit arbitration funding, establish licens - ing or capital requirements for funders, regulate the return payable to a funder or impose a general statu - tory duty to disclose a funding arrangement. The absence of specific legislation does not remove conflict or professional-responsibility considerations. Where institutional rules require disclosure of the existence or identity of a funder, those rules apply to the proceedings. Disclosure may also be relevant to an arbitrator’s continuing duty to identify circum - stances that could create reasonable doubts about independence or impartiality. The funding agreement itself remains subject to applicable general contract law and any mandatory professional rules. Parties using third-party funding in Albania-related arbitra - tion should therefore examine the chosen institutional rules and address conflicts, confidentiality, control of the proceedings and potential cost consequences expressly. 13.4 Consolidation Law No 52/2023 does not contain an express statu - tory mechanism for consolidating two or more arbitra - tions. Albanian courts are not given a general power under the Arbitration Law to order consolidation mere - ly because proceedings concern related contracts, parties or facts. Consolidation may nevertheless be available by con - sent or under the rules of the arbitral institution chosen by the parties. The effectiveness of such a mechanism depends on the wording and compatibility of the rel - evant arbitration agreements and the requirements of the applicable rules. In ad hoc proceedings, the parties may agree to combine cases or co-ordinate tribunal composition and procedure, but a tribunal should not assume jurisdiction over claims or parties outside the arbitration agreement. For complex projects involv -
13. Miscellaneous 13.1 Class Action or Group Arbitration Law No 52/2023 does not establish a statutory class- action arbitration or group-arbitration regime. It does not create a mechanism by which a representative claimant may bind a wider class of absent persons through an arbitral award. Multiparty arbitration remains possible where the relevant parties are bound by compatible arbitration agreements and the agreed procedure or applicable institutional rules are capable of administering the case. The parties may also design consensual proce - dures for related claims, subject to due process and the tribunal’s jurisdiction. These arrangements are dis - tinct from class arbitration because the jurisdictional basis continues to be consent to arbitration. In the absence of an express agreement or applicable insti - tutional mechanism, the Arbitration Law does not per - mit a tribunal to impose class or group arbitration on parties that did not agree to that form of proceeding. 13.2 Ethical Codes The Arbitration Law itself imposes core ethical duties • make a written declaration on acceptance; and • disclose circumstances creating reasonable doubts as to independence or impartiality. The law also lists detailed conflict situations that may justify challenge or exclusion and imposes short dis - closure periods. The statute does not create a separate comprehen - sive ethical code for counsel in arbitration. Albanian advocates remain subject to the professional and dis - ciplinary rules governing the legal profession, while foreign counsel remain subject to the professional obligations applicable to them. Institutional rules and recognised conflict standards may supplement on arbitrators. Arbitrators must: • be independent and impartial; • satisfy agreed qualifications;
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