Alternate Dispute Resolution Law at Artsakh
Artsakh (Nagorno-Karabakh) has historically operated under a legal framework that incorporated elements of alternative dispute resolution (ADR), particularly in the realms of arbitration and mediation. However, the legal landscape has undergone significant changes due to geopolitical developments.
⚖️ Legal Framework for ADR in Artsakh
Prior to its dissolution in 2024, Artsakh's legal system was influenced by Armenian legal principles, including those pertaining to ADR mechanisms. The Constitution of the Republic of Artsakh, adopted in 2017, established the foundational legal structure, emphasizing the rule of law and the protection of human rights .
While specific laws on ADR were not detailed in publicly available sources, the incorporation of Armenian legal norms suggests that Artsakh may have utilized ADR methods such as arbitration and mediation, which are prevalent in Armenia's legal system. In Armenia, the Law on Commercial Arbitration and the Law on Mediation provide the legal basis for these mechanisms .
🏛️ Institutional Support for ADR
Armenia's Arbitration and Mediation Center of Armenia (AMCA) plays a pivotal role in promoting ADR by providing institutional support and developing rules for arbitration and mediation . While Artsakh did not have a direct equivalent of AMCA, it is plausible that similar institutions or arrangements existed to facilitate ADR processes within its jurisdiction.
🌐 International Commitments
Armenia's commitment to international ADR frameworks, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Singapore Convention on Mediation, underscores the importance of ADR in the region . Given Artsakh's historical ties to Armenia, it is likely that similar international principles influenced its approach to ADR.
⚠️ Current Status.
Following the dissolution of Artsakh's institutions in 2024, the legal and institutional frameworks governing ADR within its territory have been effectively nullified. Consequently, any ADR mechanisms previously in place are no longer operational. The future of ADR in the region will depend on the evolving political and legal circumstances.
RELATED Blog
0 comments