Arbitrating Construction Disputes on Focus of the Workshop

Prishtina, October 31, 2016 – The Arbitration Center at American Chamber of Commerce organized a Workshop on Arbitrating Construction Disputes with the aim of helping participants develop an understanding on the use of arbitration, and accepting it as the preferred dispute resolution method for construction disputes.

Main causes of construction disputes and techniques of conducting arbitration were on focus of this workshop, delivered by Shemsi Kelmendi, an arbitrator with expertise in construction disputes. Shemsi Kelmendi said that the identification of arbitration key principles, which provide for a more efficient dispute resolution in the construction sector is crucial, particularly considering its complex and challenging nature in Kosovo. Kelmendi pointed out that international institutions pay specific attention to construction disputes and as a result, they have established standards for alternative resolution on construction disputes and drafted regulations to prevent and manage disputes. Kelmendi stated that the current most common construction disputes include payment related claims, claims regarding changes in the scope of work, claims deriving from deficient measurements, timing and acceleration of the project claims, as well as damage claims.  Litigation of these claims  is characterized by inefficiencies that prevent a qualitative decision.

Anjeze Gojani, Secretary General at AmCham Arbitration Center emphasized that construction disputes are one of the main categories of disputes in commercial arbitration, and as such the Procedural Rules of the Arbitration Center are made to fit this category of disputes. She further stated that, in addition to the proclaimed advantages of arbitration, the expertise of arbitrators with a background is construction field is considered as the main advantaged in construction arbitration.

The most common issue raised by the participants was lack of awareness with regards to the arbitrability of construction disputes, an issue particularly brought up by public sector officials.