ARMENIA Law and Practice Contributed by: Mesrop Manukyan, Maria Petrosyan, Grigor Grigoryan and Anahit Sargsyan, MB Legal
own initiative. While parties can also hire their own “specialists” to provide opinions, the court-appointed expert is expected to be independent and owes a pri- mary duty to the court. The court-appointed expert provides a written report, and the parties have the right to question the expert during the trial to clarify or challenge their findings. If the parties provide conflicting expert opinions, the court may appoint a second expert or a panel of experts to resolve the discrepancy. The cost of the expert is initially paid by the party requesting it but is ultimately shifted to the losing side as part of the final cost award. Foreign judgments in Armenia are recognised and enforced based on international treaties or the princi- ple of reciprocity. In the absence of a specific treaty, reciprocity is legally presumed unless proven oth- erwise. The judgment must be a final, effective act issued by a foreign judicial body, including court- approved settlements and criminal judgments regard- ing property damages. To initiate enforcement, a party must apply to the Armenian court at the debtor’s place of residence or the location of their property. The application must be filed within three years from the date the foreign judgment entered into legal force under the laws of the originating state. The Armenian court does not review the merits of the case; instead, it verifies pro- cedural compliance, such as whether the defendant was properly notified and whether the act contradicts Armenian public policy. 9. Enforcement 9.1 Enforcement of Judgments Grounds for refusing recognition include a lack of proper notice to the defendant, the foreign court lack- ing jurisdiction, or the judgment violating Armenian public policy. Once the judgment is recognised, the court issues a writ of execution, which is then handled by the Compulsory Enforcement Service just like a domestic judgment. The new enforcement framework, effective from 2026, prioritises electronic communica- tion and grants enforcement officers broad powers,
including the authority to act in the debtor’s name to sign documents or execute transactions if the debtor fails to comply. In practice, the recognition process may be slowed by procedural friction regarding the validity of service in the originating jurisdiction, especially if the debtor was not present during the foreign proceedings. 9.2 Enforcement of Arbitral Awards Enforcement of arbitral awards is a two-step process. First, the prevailing party must apply to the state court for a writ of execution. For awards rendered in Arme- nia, the process is straightforward unless the award has been set aside. For foreign arbitral awards, Arme- nia is a party to the New York Convention, which pro- vides a streamlined and internationally recognised process for enforcement. Under the New York Convention, Armenian courts must recognise and enforce foreign awards unless the opposing party can prove one of the very limited grounds for refusal. These include an invalid arbitra- tion agreement, a violation of due process, or the award exceeding the scope of the arbitrator’s author- ity. Applications for enforcement must be submitted to the court within three years of the award entering into force. The applicant must provide the original or a certified copy of both the award and the arbitra- tion agreement, accompanied by a certified Armenian translation. The Armenian judiciary is generally pro- enforcement, viewing the efficiency of arbitral awards as essential for a healthy investment climate. 9.3 Length of Time The length of enforcement proceedings varies but is generally designed to be expedited. The timeframe for the judicial recognition of foreign arbitral awards is generally two months. If the enforcement is vigor- ously contested (eg, through claims of lack of notice or public policy violations), the process can extend to six months or more. For domestic awards, the court typically issues a decision within 15 days if no hearing is required, though this may extend to two months if a hearing is necessary to clarify evidence. In litiga- tion, a two-week waiting period usually applies after a judgment enters legal force before an enforcement
24 CHAMBERS.COM
Powered by FlippingBook