The Permanent Arbitration Tribunal role in the resolution of foreign trade disputes and in enhancing the international businesses transaction security in the Republic of Kosovo

Abstract

The arbitration is a usual and contemporary method of solving disputes which arise during international trade operations. The arbitration is 
considered a private mean of solving disputes which are based in a previous agreement of parties that refer the possible disputes in a 
private tribunal. This form and method of developing a court case usually is preferred for a variety procedural and financial reasons. The 
regular courts usually have limited time, long and different lists of cases that require deep attention of adjudication. This brings a lot of 
difficulties. Despite the arbitration courts must meet the requirements of justice and decide in accordance to law in the same time they 
must approve the procedures in a flexible way. The arbitration can be more expensive than a judiciary process of a regular court. To the 
companies is convenient this procedure and in principle they agree to remain in this procedure to gain time and procedural simplicity. 
Besides this, the arbitration expenses usually must be affordable by parties and pursuant to rule these expenses are not subject to taxes. 
The companies very often prefer the privacy of the process for advertising that take part during the judicial procedure. In the Republic of 
Kosova is founded the Permanent Tribunal of Arbitration. The primary legislation is completed but is essential to be completed also the 
secondary legislation, enhancing the image of the tribunal and companies become aware that the contestable issues can be solved by 
this tribunal.