Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Macedonia
Under the Arbitration Act, if the parties have agreed to submit a dispute to arbitration, the court should find that it lacks jurisdiction over the dispute (if brought before it) upon the respondent’s objection to jurisdiction. In such case the court should set aside all rulings issued in the proceedings and dismiss the claim. However, if the court finds the arbitration agreement null and void, inoperative or incapable of being performed, it can find itself competent to decide the dispute commenced before it (Article 8 (1)).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Macedonia
Regarding arbitration seated in Macedonia, the Macedonian court may:

  • appoint the arbitrators, upon the request of a party, if the parties have determined the number of arbitrators but failed to agree on the appointment procedure, or if the parties or the co-arbitrators fail to act as required under the Arbitration Act (Article 11(3));
  • take measures to secure the appointment of an arbitrator, upon the request of a party, if a party, arbitrator or selected institution/appointing authority fails to perform any task anticipated under the agreed appointment procedure (Article 11(4));
  • decide on the challenge of an arbitrator/tribunal-appointed expert, upon the request of a party, in case of an unsuccessful challenge under the agreed procedure or the procedure provided in the Arbitration Act (in case of no agreement to that effect) (Articles 26(3) and 13(3));
  • decide on the termination of an arbitrator’s/expert’s mandate, upon the request of a party, if he or she becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay (Articles 14(1) and 26(3));
  • decide on the matter of the tribunal’s jurisdiction, upon the request of a party, if the tribunal finds that it has jurisdiction as a preliminary question (Article 16(3));
  • assist in taking evidence that the tribunal is incapable of taking itself, upon the request of the tribunal or a party with the tribunal’s approval (Article 27); and
  • grant interim measures, upon the request of a party, before and during the proceedings, if this is not contrary to the arbitration agreement (Article 9).

If the seat of arbitration is outside Macedonia, the Macedonian court also has certain powers (eg. granting interim measures).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Macedonia
The Arbitration Act does not expressly address this issue, and there is no court precedent on whether and to what extent the court’s powers could be excluded by agreement of the parties. However, it is arguable that at least certain court powers could be excluded (eg, interim measures).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law