ARBITRATION AND ADR

Concern Dialog is a top-tier, full-service law firm headquartered in Yerevan, Armenia. We have established ourselves as a reliable partner for businesses and individuals seeking legal counsel and representation since 1998.
About Arbitration and ADR
About Arbitration and ADR

The Republic of Armenia recognises alternative dispute resolution mechanisms in line with the traditional dispute resolution mechanisms (courts). The RA Law on Commercial Arbitration, together with the Civil Procedure Code, regulate arbitration in Armenia. The law, in general, corresponds with the UNCITRAL Model Law. Based on this law, several permanent arbitration institutions operate in the Republic of Armenia. The legislation of the Republic of Armenia also allows the operation of ad hoc arbitration tribunals. Armenia has acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) since 1997. Thus, the Republic of Armenia recognises and enforces the decisions of arbitral tribunals from other states party to the New York Convention, and vice versa.

Since 2014, mediation has been operating in Armenia as another formalised mechanism for dispute resolution.  In 2019 Armenia signed the United Nations Convention on International Settlement Agreements resulting from Mediation (“Singapore Mediation Convention”).

Furthermore, the RA Civil Procedure Code contains provisions excluding the submission of the dispute to the court, if there is an agreement to resolve the dispute out of court (via negotiations, mediation, arbitration, etc.) and such an opportunity has not yet expired (for example, the deadline for negotiations has not yet expired, or the arbitration agreement is still in force, etc.). Courts shall not accept for proceedings a lawsuit filed in violation of such a procedure, and the filed lawsuit shall be subject to leaving without examination (shall be dismissed). The legislation also provides regulations for judicial support of arbitration proceedings, through processes initiated via the application of the securing of claims, including initial securing, and on the recognition and enforcement of the arbitral awards.

Overall, the legislation of the Republic of Armenia is favourable for the application and development of alternative dispute resolution mechanisms. 

Concern Dialog law firm provides services to the clients and represents them in local and international, including commercial and investment arbitration processes for many years. Moreover, the company and its team members are involved in many projects aimed at the development of arbitration. The firm’s senior partner Aram Orbelyan is a founding member and the president of the Arbitrators Association of the Republic of Armenia.

Since 2020, Yerevan Arbitration Institute, a permanently acting arbitration institution has been operating in the firm. Yerevan Arbitration Institute also provides services of management of ad hoc arbitration proceedings by the request of parties.

Concern Dialog law firm offers the following services in the field of local and international arbitration, and other alternative dispute resolution mechanisms÷Č

  • representation of clients in permanent arbitration courts operating in the territory of the Republic of Armenia and ad hoc arbitral tribunals (Arbitration under the Chamber of Commerce and Industry of the Republic of Armenia, “Optimus Lex” arbitration centre, ad hoc arbitration based on UNCITRAL and other rules),
  • representation within alternative dispute resolution bodies established under the law (RA Financial system mediator, regulatory bodies, etc.),
  • representation in foreign arbitration processes (ICC, LCIA, AAA, etc.),
  • representation in International arbitrations, including ICSID (International Center for Settlement of International Disputes), PCA (Permanent Court of Arbitration) and other bodies, including as a local consultant,
  • representation during negotiations, dispute adjudication boards (DAB) and arbitration processes based on FIDIC model contracts,
  • representation within the negotiations on the settlement of contractual disputes and mediation proceedings (both local and foreign),
  • providing professional or expert opinions on the Armenian legislation for local, foreign and international arbitration proceedings,
  • representation in the proceedings on the application for annulment of the arbitral awards,
  • representation in the proceedings of cases with applications for issuing a writ of execution for compulsory enforcement of an arbitral award (enforcement of local arbitration awards),
  • representation in the proceedings of cases with applications for recognition and compulsory enforcement of foreign arbitral awards,
  • representation in the proceedings of cases with applications for judicial assistance to arbitration (including requiring evidence, preliminary securing of the claim and other procedural issues),
  • consultation on the RA Arbitration legislation, applicability, enforcement, validity of Arbitration agreement and other related issues,
  • provision of arbitration services by the permanently operating Yerevan Arbitration Institute adjacent to the firm and within the framework of ad hoc arbitration agreements.

The notable cases of the Firm in this area include:

  • The firm represents the Republic of Armenia (engaged as local counsel) in the case of Edmon Khudyan and Arin Capital v. the Republic of Armenia (Investment arbitration before ICSID).
  • The firm represents the Republic of Armenia (engaged as local counsel) in arbitration and related processes initiated under the rules of the International Chamber of Commerce in the context of disputes arising with the contractor in the field of road construction under FIDIC Pink Book Agreement.
  • The firm provides consultancy within the framework of a dispute between the shareholders of and Armenian Bank (within the framework of the arbitration initiated under LCIA rules). In this specific case, the firm provides consultancy on issues regulated by the legislation of the Republic of Armenia, as well as assists in the document disclosure processes.
  • The firm represented the Municipality of Yerevan in arbitration proceedings initiated under the rules of the International Chamber of Commerce within the framework of the dispute with the Municipality's contractor arising from FIDIC standard consulting contract.
  • The firm* represented the Republic of Armenia in the framework of FIDIC Yellow book arbitration, as well as in related reconciliation negotiations and associated processes, ad hoc arbitration processes. In the initial stages of the case, Aram Orbelyan acted as the Deputy Minister of Justice; then the company provided consultation.
  • The firm represents within judicial proceedings in Armenia related to recognition and enforcement of two arbitral awards adopted in the Czech Republic with a claim of around thirty million euros.
  • The firm assisted the clients in several cases within the of arbitral courts not well known internationally (including in Bulgaria and in the Netherlands).

1 Charents str., Office 207 Yerevan, 0025, Armenia

+374 60 27 88 88 +374 10 57 51 21

1 Charents str., Office 207 Yerevan, 0025, Armenia

+374 60 27 88 88 +374 10 57 51 21