Alternate Dispute Resolution Law at Armenia
Armenia has developed a robust framework for Alternative Dispute Resolution (ADR), encompassing both arbitration and mediation, to provide efficient and flexible mechanisms for resolving disputes outside the traditional court system.
⚖️ Legal Framework for ADR
1. Arbitration
Armenia's approach to arbitration is governed by the Law on Commercial Arbitration, which aligns closely with the UNCITRAL Model Law. This legislation facilitates both domestic and international arbitration, ensuring that awards are recognized and enforceable under the New York Convention. The law permits the establishment of both institutional and ad hoc arbitration tribunals. Notably, the Arbitration and Mediation Center of Armenia (AMCA), founded in 2023, serves as a prominent institutional arbitrator, offering a structured and impartial platform for dispute resolution .
2. Mediation
While Armenia does not yet have a standalone law specifically governing mediation, the practice is supported through provisions in the Civil Procedure Code, Family Code, and Civil Code. These codes allow for both judicial and extrajudicial mediation, enabling parties to resolve disputes amicably, particularly in civil, family, and labor matters .(en.mediation-eurasia.pro)
🏛️ Institutional Support and Development
AMCA: Established as Armenia's first permanent arbitration and mediation institution, AMCA offers a comprehensive set of rules for both arbitration and mediation. Its arbitration rules, adopted in November 2023, emphasize party autonomy, flexibility, and efficiency, with provisions for expedited procedures and emergency arbitration . The mediation rules, adopted in January 2024, introduce innovative features such as co-mediation and online mediation, aligning with international best practices .(AMCA, Global Arbitration Review, AMCA)
Permanent Arbitration Body at the Chamber of Commerce and Industry: Established in 2007, this body provides arbitration services, particularly in commercial disputes, under the framework of the Law on Commercial Arbitration .(investinarmenia.am)
🌐 International Commitments
Armenia's commitment to ADR is further demonstrated by its accession to key international treaties:
New York Convention (1958): Ensures the recognition and enforcement of foreign arbitral awards in Armenia.(dialog.am)
Singapore Mediation Convention (2019): Facilitates the international enforcement of settlement agreements resulting from mediation .
🧭 ADR in Practice
The integration of ADR mechanisms into Armenia's legal landscape aims to alleviate the burden on the judicial system, promote efficient dispute resolution, and enhance the business environment. Institutions like AMCA are at the forefront of this transformation, offering accessible and effective alternatives to traditional litigation.
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