ARMENIA Trends and Developments Contributed by: Mesrop Manukyan, Maria Petrosyan, Grigor Grigoryan and Anahit Sargsyan, MB Legal
Despite these technological advancements, the Arme- nian legal system remains committed to the princi- ple that “justice must have a human face”. There is a strong consensus that, while technology can assist in the preparation and management of a case, the final decision-making power must always rest with a human judge or arbitrator. The focus of future reforms is expected to be on the development of ethical guide- lines for the use of AI in the legal field, ensuring that technological innovation enhances, rather than com- promises, the fundamental rights to a fair trial and due process. Practical Considerations for Foreign Litigants For international businesses considering or currently engaged in dispute resolution in Armenia, several practical trends are of critical importance. First, the Armenian courts are increasingly sophisticated in their handling of “foreign law”. When a commercial contract is governed by the laws of another country, Arme- nian judges are authorised to take proactive steps to ascertain the content of that foreign law, including appointing experts or requesting assistance from for- eign judicial authorities. However, litigants should be prepared to provide detailed evidence of the relevant foreign legal norms, as the court will apply Armenian law by default if the foreign law cannot be determined with sufficient certainty.
Second, the language of the proceedings remains Armenian, but the system has become more accom- modating to foreign participants. In arbitration, par- ties have total freedom to choose the language of their proceedings, which is a significant advantage for international contracts. In litigation, while all docu- ments must be translated into Armenian, the courts allow for the use of interpreters during hearings, and many specialised judges are proficient in English or Russian, facilitating a more effective dialogue during complex commercial trials.
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