Artan Spahiu - Academia.edu (original) (raw)
Papers by Artan Spahiu
European Scientific Journal, ESJ, 2015
The internationalization of goods and services in the last decades have underscored the importanc... more The internationalization of goods and services in the last decades have underscored the importance of international commercial arbitration and its enforcement mechanism of the foreign awards. The recognition and enforcement of foreign arbitral awards under the jurisdiction of a state, is mostly provided through the effect of the New York Convention (1958), which is sanctioned today in 146 countries worldwide. Albania has become part of this large group of states which have voluntarily chosen to share the unquestionable values established by the New York Convention in the field of international commercial arbitration. But despite the formal aspect, Albanian jurisprudence clearly shows an unconsolidated experience of the Albanian judiciary in the field of recognition of foreign arbitral awards. This is not only because of the short time coexistence of the Albanian legal order with the Convention, but also because of a limited knowledge of traders on the instruments established by the ...
The growing expansion of international trade and investment is associated with the tendency to tr... more The growing expansion of international trade and investment is associated with the tendency to transform the international commercial arbitration into a mechanism increasingly used to settle disputes arising from these relationships. Some states are not very attracted by international arbitration, what is easily evidenced by the low level of modernization of the relevant legislation and the lack of consolidation of judicial practice. Albania is a similar country. This article aims to discuss, in a comparative light, some important issues in Albanian legal framework and even in the Albanian case law, compared to the New York Convention provisions, concerning the <em>foreign</em> or <em>domestic</em> status of an arbitral award and obstacles for its recognition and enforcement in the Republic of Albania. In this way, some problematic issues addressed by the domestic legal framework are to be presented as well as the necessity for eventual changes. Adoption and implementation of legal instruments, which provide contemporary improvements of arbitration institute, in accordance with the international legal framework, will be a good service to the integration process of the Albanian economy.
European Journal of Economics and Business Studies, 2020
The most part of the researches has largely been focused on what happens at the negotiation table... more The most part of the researches has largely been focused on what happens at the negotiation table, rather than in its preparation and planning. Through this paper we will try to underline the importance of the preparation and planning activities which are necessarily undertaken in a business negotiation. For this purpose, we have reviewed the negotiation literature regarding these pre-negotiation processes and the necessary activities for each of them. One of the most important concerns is the extent to which the negotiators follow the literature recommendations about pre-negotiation processes. This is a quantitative research design which tries to collect data, through interviews and a questioner designed for it and makes analyzes and logical deductions on the results achieved. The results of this study derive from a questioner with 68 respondents, who provide an understanding of the preparation and planning activities they conduct as part of their negotiations. This study finds out...
An international arbitral award must be final, so that it may be subject of a request for a judic... more An international arbitral award must be final, so that it may be subject of a request for a judicial recognition and enforcement in a particular state. The New York Convention instruments apply only to the final arbitral award, regardless of the different way it reflects the dispute in question. A final award is also considered to be one which does not directly resolve the dispute, but suffices to declare that the dispute would be settled by the parties themselves through a negotiating agreement. An arbitral award called a "partial award", which deals an interim measure, generally is not considered to be an arbitral award enforceable forcefully through the Convention's framework. However, in some jurisdictions, a partial award can be enforced in accordance with the local arbitration law, if the award disposes ultimately on a particular and independent issue. Parties in an arbitral process can reach a settlement agreement before the arbitrators make an award. This arbit...
Desire and ability to mediate and to solve conflicts through conciliation is a national asset for... more Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation an...
European Journal of Business and Management Research
Ensuring high productivity in public services has been required to be achieved by reducing costs ... more Ensuring high productivity in public services has been required to be achieved by reducing costs and at the same time by raising standards. This is indeed a challenge intended for which the public sector has turned its eyes on the market. The latter's mechanisms and management methods used by the private sector in the production and delivery of services have become the management philosophy that has characterized public sector reforms in recent decades. Nowadays the main objectives of public sector organizations are to reduce costs and increase the efficiency of operations, which has steered these organizations towards the outsourcing model. Transferring or subcontracting a private entity for some of the operations of public institutions is a concept already known to public sector managers. Heads of various public institutions see the transfer of part of their operations or all operations to private entities as the proper way to provide added value public services. One of the wi...
Academic Journal of Interdisciplinary Studies
The protection of the public interest is the main principle governing the activity regulation of ... more The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. S...
European Journal of Social Sciences Education and Research
It is a fact that the entire history of existence and development of human society has been found... more It is a fact that the entire history of existence and development of human society has been founded on products of intellectual creativity of the human mind, which have been used to solve different problems of the time.We all have witnessed how the human imagination in the world has made possible the development in the field of science, technology and especially in Arts. Scientific innovations and the artistic activities, such as the music, painting or literature are created by individuals who have the ability to see and to express things in new and innovative ways.Intellectual property is a legal term that refers to the special protection, reserved by the law to the product shaped by human ideas, such as scientific and technological inventions or the artistic works. First of all, the intellectual property is considered a non-material asset that can be sold, bought, exchanged, licensed, etc., as well as any other property. On the other hand, it is considered as a personal exclusive ...
Mediterranean Journal of Social Sciences
The negotiation as a conversation process between two or more parties to settle a dispute or to r... more The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on ...
International Law Research, 2013
The role played by foreign investments for the integration and economic development of Albanian c... more The role played by foreign investments for the integration and economic development of Albanian commerce in European area and beyond is undisputed. These investments, as well as other commercial relationships between national and foreign businesses, need an attractive legal environment, especially in regard of legal certainty. There is the need, essentially, for guaranties in regard to the rules that assure a fair treatment and the eventual dispute resolution by reliable legal instruments.
Mediterranean Journal of Social Sciences, 2014
The increase of the state role in public services and investments has lead to a numerical increas... more The increase of the state role in public services and investments has lead to a numerical increase of the administrative contracts in these last years, in particular to the public procurement field and as a result there is a greater need to modernize the law in this area. The actions taken by the public administration institutions, which based on the law need to contract private operators in order to exercise public functions, are considered as administrative activities. Nevertheless, while accomplishing these activities and especially when dealing with conflicts arising from these contracts, there are certain principles of the private rights which are exercised. The sensitivity towards the public contracts performance is quite high by every subject interested, in particular by the participant operators in these contracts, and undoubtedly by the taxpaying public. Based on this sensitivity, this paper analyzes the dualistic juridical natyre of the administrative contracts, especially of the ones in the public procurement area, focusing legal aspects of their validity.
Mediterranean Journal of Social Sciences, 2013
Desire and ability to mediate and to solve conflicts through conciliation is a national asset for... more Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation and arbitration. Therefore, this article, through the method of interpretative analysis, aims to present an overview of the albanian reality of these alternative legal means, trying to highlight the legal framework as well as the judicial practice. It will attempt to clarify the problematic issues, addressed by the domestic law in this area and the necessity for eventual changes. Implementation of contemporary legal instruments in accordance with the international trend, especially focused on the arbitration institute, will certainly offer a good service to the integration process of the albanian economy.
Mediterranean Journal of Social Sciences
The negotiation as a conversation process between two or more parties to settle a dispute or to r... more The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on ...
European Scientific Journal, ESJ, 2015
The internationalization of goods and services in the last decades have underscored the importanc... more The internationalization of goods and services in the last decades have underscored the importance of international commercial arbitration and its enforcement mechanism of the foreign awards. The recognition and enforcement of foreign arbitral awards under the jurisdiction of a state, is mostly provided through the effect of the New York Convention (1958), which is sanctioned today in 146 countries worldwide. Albania has become part of this large group of states which have voluntarily chosen to share the unquestionable values established by the New York Convention in the field of international commercial arbitration. But despite the formal aspect, Albanian jurisprudence clearly shows an unconsolidated experience of the Albanian judiciary in the field of recognition of foreign arbitral awards. This is not only because of the short time coexistence of the Albanian legal order with the Convention, but also because of a limited knowledge of traders on the instruments established by the ...
The growing expansion of international trade and investment is associated with the tendency to tr... more The growing expansion of international trade and investment is associated with the tendency to transform the international commercial arbitration into a mechanism increasingly used to settle disputes arising from these relationships. Some states are not very attracted by international arbitration, what is easily evidenced by the low level of modernization of the relevant legislation and the lack of consolidation of judicial practice. Albania is a similar country. This article aims to discuss, in a comparative light, some important issues in Albanian legal framework and even in the Albanian case law, compared to the New York Convention provisions, concerning the <em>foreign</em> or <em>domestic</em> status of an arbitral award and obstacles for its recognition and enforcement in the Republic of Albania. In this way, some problematic issues addressed by the domestic legal framework are to be presented as well as the necessity for eventual changes. Adoption and implementation of legal instruments, which provide contemporary improvements of arbitration institute, in accordance with the international legal framework, will be a good service to the integration process of the Albanian economy.
European Journal of Economics and Business Studies, 2020
The most part of the researches has largely been focused on what happens at the negotiation table... more The most part of the researches has largely been focused on what happens at the negotiation table, rather than in its preparation and planning. Through this paper we will try to underline the importance of the preparation and planning activities which are necessarily undertaken in a business negotiation. For this purpose, we have reviewed the negotiation literature regarding these pre-negotiation processes and the necessary activities for each of them. One of the most important concerns is the extent to which the negotiators follow the literature recommendations about pre-negotiation processes. This is a quantitative research design which tries to collect data, through interviews and a questioner designed for it and makes analyzes and logical deductions on the results achieved. The results of this study derive from a questioner with 68 respondents, who provide an understanding of the preparation and planning activities they conduct as part of their negotiations. This study finds out...
An international arbitral award must be final, so that it may be subject of a request for a judic... more An international arbitral award must be final, so that it may be subject of a request for a judicial recognition and enforcement in a particular state. The New York Convention instruments apply only to the final arbitral award, regardless of the different way it reflects the dispute in question. A final award is also considered to be one which does not directly resolve the dispute, but suffices to declare that the dispute would be settled by the parties themselves through a negotiating agreement. An arbitral award called a "partial award", which deals an interim measure, generally is not considered to be an arbitral award enforceable forcefully through the Convention's framework. However, in some jurisdictions, a partial award can be enforced in accordance with the local arbitration law, if the award disposes ultimately on a particular and independent issue. Parties in an arbitral process can reach a settlement agreement before the arbitrators make an award. This arbit...
Desire and ability to mediate and to solve conflicts through conciliation is a national asset for... more Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation an...
European Journal of Business and Management Research
Ensuring high productivity in public services has been required to be achieved by reducing costs ... more Ensuring high productivity in public services has been required to be achieved by reducing costs and at the same time by raising standards. This is indeed a challenge intended for which the public sector has turned its eyes on the market. The latter's mechanisms and management methods used by the private sector in the production and delivery of services have become the management philosophy that has characterized public sector reforms in recent decades. Nowadays the main objectives of public sector organizations are to reduce costs and increase the efficiency of operations, which has steered these organizations towards the outsourcing model. Transferring or subcontracting a private entity for some of the operations of public institutions is a concept already known to public sector managers. Heads of various public institutions see the transfer of part of their operations or all operations to private entities as the proper way to provide added value public services. One of the wi...
Academic Journal of Interdisciplinary Studies
The protection of the public interest is the main principle governing the activity regulation of ... more The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. S...
European Journal of Social Sciences Education and Research
It is a fact that the entire history of existence and development of human society has been found... more It is a fact that the entire history of existence and development of human society has been founded on products of intellectual creativity of the human mind, which have been used to solve different problems of the time.We all have witnessed how the human imagination in the world has made possible the development in the field of science, technology and especially in Arts. Scientific innovations and the artistic activities, such as the music, painting or literature are created by individuals who have the ability to see and to express things in new and innovative ways.Intellectual property is a legal term that refers to the special protection, reserved by the law to the product shaped by human ideas, such as scientific and technological inventions or the artistic works. First of all, the intellectual property is considered a non-material asset that can be sold, bought, exchanged, licensed, etc., as well as any other property. On the other hand, it is considered as a personal exclusive ...
Mediterranean Journal of Social Sciences
The negotiation as a conversation process between two or more parties to settle a dispute or to r... more The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on ...
International Law Research, 2013
The role played by foreign investments for the integration and economic development of Albanian c... more The role played by foreign investments for the integration and economic development of Albanian commerce in European area and beyond is undisputed. These investments, as well as other commercial relationships between national and foreign businesses, need an attractive legal environment, especially in regard of legal certainty. There is the need, essentially, for guaranties in regard to the rules that assure a fair treatment and the eventual dispute resolution by reliable legal instruments.
Mediterranean Journal of Social Sciences, 2014
The increase of the state role in public services and investments has lead to a numerical increas... more The increase of the state role in public services and investments has lead to a numerical increase of the administrative contracts in these last years, in particular to the public procurement field and as a result there is a greater need to modernize the law in this area. The actions taken by the public administration institutions, which based on the law need to contract private operators in order to exercise public functions, are considered as administrative activities. Nevertheless, while accomplishing these activities and especially when dealing with conflicts arising from these contracts, there are certain principles of the private rights which are exercised. The sensitivity towards the public contracts performance is quite high by every subject interested, in particular by the participant operators in these contracts, and undoubtedly by the taxpaying public. Based on this sensitivity, this paper analyzes the dualistic juridical natyre of the administrative contracts, especially of the ones in the public procurement area, focusing legal aspects of their validity.
Mediterranean Journal of Social Sciences, 2013
Desire and ability to mediate and to solve conflicts through conciliation is a national asset for... more Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation and arbitration. Therefore, this article, through the method of interpretative analysis, aims to present an overview of the albanian reality of these alternative legal means, trying to highlight the legal framework as well as the judicial practice. It will attempt to clarify the problematic issues, addressed by the domestic law in this area and the necessity for eventual changes. Implementation of contemporary legal instruments in accordance with the international trend, especially focused on the arbitration institute, will certainly offer a good service to the integration process of the albanian economy.
Mediterranean Journal of Social Sciences
The negotiation as a conversation process between two or more parties to settle a dispute or to r... more The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on ...