Contract Law Enforcement

Contract Law Enforcement
Kosovo’s first regional Willem C. Vis International Commercial Arbitration Pre-Moot Competition, organized by the Contract Law Enforcement Program
USAID Contract Law Enforcement

The USAID Contract Law Enforcement (CLE) Program is a five-year program to improve rule of law in Kosovo and create a better business environment for economic development and investment. The program is built around two strategic goals:

  1. Assisting Kosovo institutions to improve the enforcement of civil judgments, while dramatically reducing the backlog of enforcement cases in the Kosovo court system.
  2. Helping the country develop and strengthen its contract and commercial law framework and systems, including for bankruptcy and mediation.

Improved Enforcement of Judgments and Backlog Reduction

USAID through this program supports the Kosovo Judicial Council and the courts to improve the management of the judgment case load and increase the efficiency of enforcement actions. The program works closely with court enforcement personnel to place greater emphasis on carrying out enforcement against debtor bank accounts, as opposed to seizure and auction of movable property.

Currently, the court system has over 100,000 unenforced judgments. USAID and the Kosovo Judicial Council have set a goal of effectively eliminating the backlog by 2018. The program is providing support to the Ministry of Justice in implementing the Law on Enforcement Procedure, including the full implementation of the Private Enforcement Agent System. The new Private Enforcement Agent System began operating in May 2014. There are 37 Private Enforcement Agents operating throughout Kosovo.

Strengthened Contract and Commercial Law Framework and Systems – Including ADR Mechanisms

The USAID Contract Law Enforcement program works closely with Kosovo’s business community to improve knowledge and understanding of the importance of using written contracts and utilizing alternative dispute resolution (ADR) mechanisms like mediation and arbitration. Additionally, USAID through this program is supporting the Government of Kosovo with drafting and amending a package of commercial laws that will improve the business environment in Kosovo. The program has also developed a number of standard form contracts with explanatory notes and legal commentary.  The Program engages in extensive outreach activities to ensure that the business community is informed of, and emphasizes the benefits of using written contracts and available ADR mechanisms.

Partner: Checchi and Co. Consulting, Inc.
Project Duration: May 2013-March 2018
Contact: Zana Berisha
Geographic Target: Kosovo

Last updated: September 13, 2017

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