ALBANIA Law and Practice Contributed by: Maksim Haxhia, Artan Hajdari and Eris Hysi, Haxhia & Hajdari Attorneys at Law
ing several contracts, consistent dispute-resolution clauses and an express approach to consolidation or concurrent proceedings are therefore particularly
A third party may nevertheless be affected by related procedural or enforcement measures without becom - ing a party to the arbitration. For example, court assistance may be required to obtain evidence from a non-party, and enforcement proceedings may raise questions concerning ownership or rights in assets. Those consequences do not themselves extend the arbitration agreement. The same consent-based analysis applies to foreign third parties. Whether an assignee, successor, principal or other person is bound depends on the applicable substantive law and the facts establishing attribution or consent, not on a separate power in the Albanian Arbitration Law to compel non-signatories to arbitrate.
important at the drafting stage. 13.5 Binding of Third Parties
An arbitration agreement and award are binding on the persons whose consent or legally attributable agree - ment establishes arbitral jurisdiction. Law No 52/2023 does not contain a general statutory rule permitting a tribunal to bind a true third party or non-signatory solely because the person is connected with one of the parties.
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