ARMENIA Law and Practice Contributed by: Narine Beglaryan, Arianna Adamyan and Anahit Aloyan, Concern Dialog
The lessor, as the legal owner of the aircraft, retains the right to dispose of it, including selling it, even dur - ing the term of the lease. Armenian law does not limit this right, as ownership rights remain with the lessor throughout the lease period. If, following lease termi - nation or a subsequent sale, the aircraft is no longer owned by an Armenia-registered company, the air - craft’s registration with Armenian aviation authorities will be subject to cancellation. Under Armenian law, there is no specific requirement for an aircraft to be physically present in Armenia at the time of its termination, re-export, or sale. How - ever, the ability to enforce rights, such as reposses - sion, may depend on the aircraft’s actual location and the legal and procedural framework in the jurisdiction where the aircraft is located. 2.6.2 Lessor Taking Possession of the Aircraft Under Armenian law, a lessor may unilaterally termi - nate an aircraft lease on specific statutory or contrac - tual grounds as specified in 2.6.1 Restrictions on Les- sors’ Abilities . In such cases, the lessee is obligated to return the aircraft and cover all associated return costs (eg, disassembly, insurance, transport). However, while the law permits unilateral termination of the lease without court involvement, it does not specifically regulate the procedure for repossessing the aircraft. If the lessee refuses to return the plane voluntarily, the lessor would likely need to initiate judi - cial proceedings to enforce repossession. Therefore, although a court order is not required for termination itself, it may be required in practice for the physical recovery of the aircraft if the lessee does not cooper - ate. 2.6.3 Specific Courts for Aviation Disputes In Armenia, there are no specialised courts designat - ed exclusively for aviation disputes. However, such disputes are adjudicated by the general courts of civil jurisdiction, which have subject-matter compe - tence over contractual and property-related matters, including those arising from aircraft lease agreements, financing arrangements, or damages. Where the dispute involves administrative or regu - latory issues (eg, decisions by the Committee), the
administrative courts may have jurisdiction. In mat - ters related to the insolvency or restructuring of an airline or lessee, the bankruptcy court will handle such proceedings. Importantly, the jurisdiction of Armenian courts is not affected by the nationality of the parties. Both Arme - nian and foreign entities have equal access to the courts and may bring or defend claims before them in accordance with Armenian procedural law. 2.6.4 Summary Judgment or Other Relief Under Armenian law, the concept of summary judg - ment in the common law sense does not exist. How - ever, a lessor may seek interim injunctive relief (interim measures) to secure its claims, either before or during judicial proceedings. The court may grant such relief if failure to do so would make enforcement of the final decision impossible or difficult, alter the legal or fac - tual status of the disputed asset, or cause significant harm to the claimant. Applications for preliminary interim relief are reviewed without a hearing within three days of submission. Applications for interim relief during proceedings are reviewed no later than the day following their submis - sion. Additionally, if the case meets the criteria under the Civil Procedure Code, the court may apply simplified or accelerated proceedings. In simplified proceedings, as per the Civil Procedural Code, the final judgment must be issued within three to four months from the decision to apply the procedure. In accelerated pro - ceedings, the Civil Procedural Code required that the final decision be rendered within one month from the relevant court decision. 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments While Armenian courts are legally empowered to adjudicate disputes under foreign substantive law, the practical implementation of this principle may present challenges. Armenian judges possess exper - tise in Armenian law and are prohibited from applying foreign law solely based on expert testimony. Addi - tionally, obtaining consultative opinions from foreign courts may prove problematic. An Armenian court
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