International Commercial Arbitration at Armenia
Here’s an overview of International Commercial Arbitration in Armenia:
International Commercial Arbitration in Armenia
Armenia, as a member of the international legal community, has established a legal framework to support and regulate international commercial arbitration, promoting it as a key method for resolving cross-border commercial disputes.
1. Legal Framework
Armenia’s arbitration law is primarily governed by the Law on Arbitration (2004).
The Law on Arbitration is largely modeled on the UNCITRAL Model Law on International Commercial Arbitration (1985), which Armenia has adopted with some modifications.
Armenia is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates the enforcement of international arbitration awards.
The Armenian Civil Code also contains provisions related to arbitration.
2. Scope and Applicability
The Law on Arbitration applies to both domestic and international commercial arbitration.
International commercial arbitration is defined broadly, covering disputes arising from commercial legal relationships with an international element.
Parties are free to agree on the arbitration procedure, seat, and language.
3. Arbitral Tribunal and Procedure
Parties can choose arbitrators freely; if no agreement, the courts may appoint arbitrators.
The arbitral tribunal has broad powers to determine procedure, receive evidence, and conduct hearings.
The arbitration process emphasizes party autonomy and flexibility.
Interim measures can be ordered by the arbitral tribunal or courts to preserve rights during arbitration.
4. Recognition and Enforcement
Armenian courts generally respect arbitration agreements and recognize and enforce arbitral awards in line with the New York Convention.
Grounds for refusal of enforcement are limited and largely mirror those in the New York Convention.
Armenian courts have a supportive stance toward arbitration and generally avoid unnecessary intervention.
5. Court Involvement
Courts assist in arbitration by appointing arbitrators if needed, granting interim relief, and enforcing awards.
Court intervention is limited to what is necessary to support arbitration.
Judicial review of awards is narrow, focusing on procedural fairness and jurisdiction.
6. International Treaties and Cooperation
Armenia’s membership in international arbitration treaties ensures cooperation with foreign courts and arbitral institutions.
It encourages foreign investment by providing a reliable dispute resolution mechanism.
Summary
Armenia’s arbitration framework is based on the UNCITRAL Model Law, promoting party autonomy and flexibility.
It is a signatory to the New York Convention, facilitating enforcement of international arbitration awards.
Courts generally support arbitration and limit intervention to essential matters.
The system provides a reliable, internationally aligned forum for resolving cross-border commercial disputes.
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