Albert Islami - Avokatia
Legal System According to the pre-war law on courts, the court system of Kosovo consists of 23 municipal courts, five district courts, one commercial court and the Supreme Court.

Court System

According to the pre-war law on courts, the court system of Kosovo consists of 23 municipal courts, five district courts (Prishtina, Prizren, Peja, Mitrovica and Gjilan), one commercial court (in Prishtina) and the Supreme Court (in Prishtina). There are also 24 municipal courts and the high court for minor offences.

The municipal courts, as courts of first instance judge criminal offences punishable with sentences of up to five years imprisonment and as courts of first instance for civil inheritance matters, labour relations and other civil matters.

They district courts serve as courts of first instance for criminal offences punishable by sentences of more than five years, major property disputes, copyright disputes and patent disputes and hear appeals from the decisions of the municipal courts.

The commercial court in Prishtina hears cases between two legal entities only (e.g. between two limited liability companies or any type of foreign company and a local LLC.

Direct appeals from district courts are heard by the Supreme Court of Kosovo Administrative appeals against Kosovo authorities, such as decisions of ministries or municipalities are filed with the Supreme Court directly.

The UNMIK Administration has constituted in 2002 the Special Chamber of the Supreme Court of Kosovo which hears property cases relating to state owned (public and social) enterprises and cases relating to privatization and liquidation undertaken by the Kosovo Privatization Agency (former: Kosovo Trust Agency). Most of cases are referred to the commercial, while some of them to municipal courts for a decision.

Minor offences punishable by a fine or imprisonment of maximum of sixty days are heard by the minor offences courts hear. Decisions of the minor offences courts are appealed to the unique high court of minor offences, which has territorial jurisdiction over all of Kosovo.

On the basis of provisions of the Law on Foreign Investment, foreign companies can always choose arbitration. Following conventions are applied in case of settlement of disputes:
  1. The Convention on the Settlement of Disputes between States and Nationals of Other States.
  2. Arbitration Rules of the International Centre for Settlement of Investment Disputes.
  3. Arbitration Rules of the United Nations Commission on International Trade law (UNCITRAL Rules)
  4. Rules of Arbitration of the International Chamber of Commerce (ICC Rules)
  5. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).