Prishtinë, December 26, 2018– Arbitration as a tool in disputes resolution is strongly supported by the civil society, especially in solving disputes arising from public procurement. This is due to the fact that numerous research carried out by civil society organizations emphasize the lack of efficiency in courts in solving such cases, either because of the heavy load cases or lack of sufficient expertise in the field of public procurement. This was said today in the roundtable organized by the American Chamber of Commerce in Kosovo, on the civil society perspective on arbitration in public procurement.
Tea Blakaj, Secretary General of the AmCham Arbitration Center, said that disputes resolution in the area of public procurement through an independent arbitrator, an expert in the field of public procurement, is seen as a welcomed but also necessary alternative in order to achieve the required efficiency in the progress of public procurement procedures.
Arian Zeka, AmCham Executive Director, emphasized the commitment of AmCham to promote arbitration as an efficient and quick method that guarantees fair disputes resolution. Zeka emphasized that since 2013, AmCham through the National Council for Economic Development has emphasized the need for amendment of the Public Procurement Law in order to promote the arbitration dispositions in public procurement contracts.
Lekë Batalli from the Group for Legal and Political Studies, mentioning the advantages of arbitration and the need for a frequent use of this alternative method in disputes resolution, emphasized the weak rule of law in general and the inefficiency of courts and prosecutors to give a proper epilogue to economic issues. Batalli stressed that the Justice Sector Performance Index, a study conducted by GLPS, shows that only 73% of citizens trust courts and prosecutors. Considering that the inclusion of arbitration clauses in public procurement contracts is necessary, Batalli emphasized that measures should be taken to ensure the proper implementation of these dispositions.
Arton Demhasaj from the organization Çohu! informed the participants on the recent developments in the penal code which has been amended including here higher penalties that could result for those who violate public procurement procedures as well as exclusion from the right to apply in future bidding procedures. Regarding the efficiency of the justice sector, Demhasaj stressed that there is a lack of professionalism and appropriate profiles which, if met, would result in an increase of efficiency of courts and prosecution offices.
Further on, businesses present discussed on higher recognition of the advantages that come from arbitration and once again mentioned the need to improve rule of law in the country.