ARMENIA Law and Practice Contributed by: Mesrop Manukyan, Maria Petrosyan, Grigor Grigoryan and Anahit Sargsyan, MB Legal
correction of fundamental violations of human rights. Decisions of the Court of Cassation serve as impor- tant precedents for the entire judicial system. Finally, the Constitutional Court occupies a unique place in Armenia’s judicial system, administering constitutional justice by ensuring the supremacy of the Constitution and reviewing the constitutionality of Armenian law does not impose a general, manda- tory pre-action protocol for all types of litigation, but it recognises the validity of contractual out-of-court settlement procedures. If a contract or a specific law requires parties to attempt a settlement (such as a formal claim or negotiation) before filing a lawsuit, the court will only accept the case after these steps have been completed. Failure to comply with these require- ments typically results in the court returning the law- suit to the plaintiff. In the financial sector, specific pre-action require- ments exist for disputes between consumers and financial institutions. Consumers may be required to submit their grievance to the Financial System Media- tor, whose decisions can be binding or serve as a prerequisite for litigation. This is intended to resolve small-scale financial disputes efficiently without bur- dening the courts. laws and other state acts. 2.3 Pre-Action Conduct For labour disputes, although there is no universal pre-action requirement, the Labour Code encourages internal grievance mechanisms. In administrative and tax matters, a party may choose to pursue an admin- istrative appeal before turning to the courts, though this is often optional. In all cases, the court must verify whether any mandatory pre-action steps were neglected during the initial screening of the lawsuit. 2.4 Stages of Court Proceedings Civil litigation involves several distinct stages, begin- ning with the filing of the lawsuit. The court must decide whether to accept, return or reject the law- suit within three to seven days of its receipt. Once accepted, the preliminary stage begins, during which the court clarifies the scope of the claims, identifies
the necessary evidence, and determines the burden of proof for each party. Following the preliminary phase, the court schedules the trial (investigation of evidence). During the trial, the court hears oral arguments, examines witnesses, reviews documents and evaluates expert opinions. All these actions are carried out within the scope of the claims defined at the preliminary stage. The court is committed to the principles of reasonable time and efficiency, though the duration of a trial can vary sig- nificantly based on the complexity of the case. The final stage is the delivery of the verdict. The court must issue a reasoned judgment that addresses all factual and legal issues raised during the proceed- ings. A standard commercial case in the first instance typically lasts between six and 12 months, while the appeals process can add several more months to the final resolution. 2.5 Confidentiality The general rule in Armenia is that court proceedings are public, and any person has the right to attend hearings. Transparency is a constitutional principle aimed at ensuring judicial accountability and public trust. Furthermore, final judicial acts and some interim decisions are published on the official judicial portal (datalex.am), though certain personal or sensitive data may be redacted to protect privacy. Confidentiality can be maintained through closed ses- sions if requested by a party or initiated by the court. Grounds for a closed hearing include the protection of private life, trade secrets, state security or the inter- ests of minors. If a session is closed, only the parties, their representatives and necessary court personnel may attend, and all participants are warned against disclosing the information discussed. Even in cases where the trial is closed, the final ver- dict must be announced publicly, although the court may choose to publish only the “operative part” (the final conclusion) to protect the underlying confiden- tial information. Parties seeking confidentiality must provide a specific justification, as the court must bal- ance the need for privacy against the public’s right to information.
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