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Court representation and ADR

The lawsuits in the Republic of Armenia are processed at the First Instance Courts of General Jurisdiction, Administrative Court, Court of Appeal, and the Court of Cassation.

 

The Courts of General Jurisdiction of RA examine civil disputes emanating from labor, family, contract relationships, claims for compensations of damages and transaction invalidations, and criminal cases, such as fake bankruptcy charges, etc. The Administrative Court of RA is a specialized court that is eligible to examine cases arising from public legal relationships, such as claims for eliminating the administrative acts by tax authorities. The Civil Court of Appeal and Criminal Court of Appeal of RA review appeals of acts of the Courts of General Jurisdiction, and the Administrative Court of Appeal reviews appeals of acts of the Administrative Court. The Court of Cassation is the highest juridical instance that is eligible to examine all the claims except those concerning the constitutional jurisdiction. It should be noted that both the natural persons and legal entities can submit a cassation claim only through an attorney.

 

 

Some Specificities of the Legislation of RA

 

- According to general regulations of RA, only attorneys are eligible to carry out defense within criminal cases. The court representation too – based on paid or periodical terms – can be conducted only by attorneys (entities granted with attorney practice license).

- Another principle of civil and criminal litigation of RA is the contention between the parties of litigation. Whereas the Administrative court of RA explores factual circumstances of lawsuits ex officio. This implies that, unlike the courts exploring civil and criminal cases, the Administrative Court is not constrained by arguments, mediations, suggestions, explanations, and objections submitted by litigation participants and takes the initiative and respective measures to acquire possible and conceivable information on real facts for solving given lawsuit. RA law provides the opportunity to claim activities or inactivity of administrative authorities, and administrative acts by superiority before applying to an administrative court.

- RA law permits to appeal the activities or inactivity of administrative authorities, and the administrative acts by superiority before applying to an administrative court.

- The law also entitles the parties of civil-legal contract to define that the disputes arising between them based on their contract can exclude court instances and be handed to arbitration.

- According to RA law, in case of debtor’s failure to pay back the debts voluntarily, norms provided by the institute of compulsory enforcement of judicial acts are applied. The latter are carried out by Judicial Acts Compulsory Enforcement Service of the Ministry of Justice of RA according to the law of RA on Compulsory Enforcement of Judicial Acts.

 

In the Republic of Armenia court proceedings are conducted publicly and in Armenian language. Court cases are examined orally. Claims, positions, objections, mediations, feedbacks to claims, amendments and supplements to the complaints, appeal and cassation petitions and other litigation documents are provided in written.

 

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“Concern-Dialog” law firm has experienced attorneys who are specialized in civil, administrative, and criminal spheres of law. 

“Concern-Dialog” law firm attorneys are specialized in civil, administrative, and criminal spheres of law. We master the necessary skills for choosing and practicing effective tactics and strategy for proceedings in all the court instances of RA. This enables us to provide our clients with wide range of legal services concerning court representation, as well as ADR in all available arbitrations in RA. Likewise we support our clients in the stage of compulsory enforcement of judicial acts, which increases the efficiency of compulsory enforcement.

 

Furthermore, our senior lawyers and attorneys actively participate in drafting the Civil Procedure Code of RA. Our Senior partner Mr. Aram Orbelian has supervised the relevant working group. 

  

We offer the following services:

  • Representation of civil cases concerning the scope of services offered by the client company, which includes, but is not limited to:

- disputes emanating from civil legal contracts,

- claims concerning transaction validity,

- claims of compensation of damages,

- disputes emanating from family relationships,

- disputes emanating from labor relations and from termination of labor relations,

- defense of ownership and other property rights and disputes on recognition of the same

- disputes arising between shareholders,

- cases examined in special proceedings;

  • Representation in administrative bodies for appealing the administrative acts of subordinate administrative bodies (tax entities, customs authorities, local government bodies, ministries, and other departments), their activities and inactivity in the superiority order;
  • Representation in the Administrative court for contesting, obligating, activity, recognition claims, as well as for cases examined in Administrative court special proceedings;
  • Representation for criminal cases (See also Representation and defense in criminal proceedings)
  • Representation in the Civil Court of Appeal, Criminal Court of Appeal, and Administrative Court of Appeal of RA;
  • Representation in the Court of Cassation;
  • Representation in permanently acting and ad hoc arbitrages (The Financial System Mediator of RA, Arbitration court under the Chamber of Commerce and Industry of RA)
  • Representation in the Judicial Acts Compulsory Enforcement Service RA in the stage of compulsory enforcement, including initiation of appeal of activities or inactivity of compulsory enforcer of judicial acts.

 

Our representation services include preparation of necessary litigation documents (complaints, positions, applications, objections, mediation, appeal and cassation petitions, feedbacks to claims, etc.), participation in court hearings, negotiations (if needed), inquiries necessary for evidence acquisition, etc.