Resolving commercial disputes is not an alternative, but a necessity of a modern legal system, which directly affects the creation of a favorable business environment, said Maja Golović Vojinović, director of the Center for Alternative Dispute Resolution.
"This topic is not only legal, but also developmental. The quality and speed of dispute resolution directly affect the creation of a favorable business environment, the inflow of foreign investments and the strengthening of trust in the legal system. Resolving commercial disputes is not an alternative, but a necessity of a modern legal system," said Golović Vojinović at a conference entitled Advantages of Resolving Commercial Disputes through Alternative Methods in Podgorica.
The conference was organized by the Center for Alternative Dispute Resolution, in cooperation with the AIRE Center and GIZ.
Minister of Justice Bojan Božović assessed that by strengthening institutions and institutional capacities for arbitration and mediation, Montenegro confirms its commitment to creating a predictable, stable and reliable business environment, which ensures fair and efficient resolution of commercial disputes, contributes to attracting foreign investments and encourages further economic development of our country.
The Director of the AIRE Center, Biljana Braithwaite, assessed that Montenegro is entering the final phase of reforms that requires a realistic assessment of progress and additional steps forward, especially in the area of legal security for the business community.
"It is worth emphasizing that alternative dispute resolution is not just a legal procedure, but a way of thinking. Only in this way can we open the door to new investments and opportunities for this country," said Braithwaite.
Fahira Brodlija from GIZ said that international transactions and projects of importance for sustainable development and Montenegro's European path are becoming increasingly complex, bringing new opportunities, but also risks of disputes.
"That is why it is crucial to strengthen legal certainty and capacities for efficient dispute resolution through mediation and arbitration. Through the RegioTrade project, we are contributing to these reforms in the region, in cooperation with the AIRE Center in Montenegro," said Brodlija.
The event was supported by the Government of Great Britain and the British Embassy in Podgorica through the project to improve the arbitration framework implemented by the AIRE Center, as well as by the Government of Germany and GIZ through the RegioTrade project.
German Ambassador Peter Felten assessed that particularly large projects involving public institutions and state-owned enterprises can bring significant opportunities for development, but at the same time, they carry with them potential risks of complex disputes and challenges.
As he stated, in order to overcome them, it is crucial to have a strong and reliable framework for resolving disputes - one that guarantees legal certainty, strengthens investor confidence and, at the same time, protects the economic interests of Montenegro.
“Prevention and alternative dispute resolution mechanisms play an important role in achieving these goals. They have the potential to reduce the burden on the judiciary, reduce costs and deadlines, and offer solutions that allow for the maintenance of constructive relations between public authorities and investors. And, of course, these approaches are designed to be fully aligned with European and international best practices,” said Felten.
Chargé d'Affaires at the British Embassy, Sarah Pilbeam, stated that through this initiative, Montenegro is not only strengthening its rule of law institutions, but is also positioning itself as a reliable and attractive destination for investment within the broader European and transatlantic legal community.
"Alternative dispute resolution, whether through mediation or arbitration, is not just a matter of efficiency. It is about building trust: trust between citizens and the justice system, trust between investors and public institutions, and trust between partners who share the same democratic and legal values," Pilbeam said.
According to her, Great Britain is a consistent partner of Montenegro on its path towards judicial modernization and the European path.
“Through our programs, we have worked to strengthen the rule of law, enhance the independence of the judiciary, and promote transparent governance,” Pilbeam added.
The President of the London Court of International Arbitration (LCIA), Maxi Scherer, gave an important overview of contemporary practices in the field of arbitration at the conference.
In addition to positive signals from the state, representatives of the private sector also sent an important message from today's meeting.
The President of the Foreign Investors Council in Montenegro, Tamas Kamarasi, stated that when investors know that disagreements can be resolved quickly, impartially and professionally, Montenegro becomes not only an attractive place to invest, but also a reliable partner.
"It is important that business representatives are always at the table when discussing these topics, because they bring an important side to the story," added Kamaraši.
The conference, as part of its conclusions, presented activities to continue strengthening institutional mechanisms, as well as the legislative framework, which will strengthen mediation and arbitration as tools of protection in the legal order of Montenegro.
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