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Contract Law
Although Macedonian contract law was improved somewhat, as shown in the scores, the greatest weakness for the Contract Law regime remains the Implementing Institutions. The courts have not made significant improvements in the past three years. There is reason to hope for change, however, based on new projects for courts and alternative dispute resolution that are addressing underlying problems. These interventions include a new law on courts that will change the underlying framework for dispute resolution by shifting the burden of production to the parties instead of the judge. This is expected to have far reaching consequences in leaving behind the moribund inquisitorial system of the former Yugoslavia, which has not served commerce well in any of the now independent republics.
One upside of the poor progress in courts has been the increased demand for alternative dispute resolution. There is substantial interest in arbitration and mediation, and some hope that the draft Law on Arbitration, which has been in draft for seven years, will soon find its way to the parliament.
(Note: This information was taken from the Contract chapter of the 2003 Macedonia BizCLIR report. For more information, please see the report.)
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