The Key Issues of the Execution of the Arbitral Awards in the Republic of Armenia
DOI:
https://doi.org/10.46991/BYSU:C/2023.14.2.159Keywords:
Arbitral award, voluntary enforcement, compulsory enforcement, writs of execution, deferred judicial review, commercial arbitration, ad hoc arbitrationAbstract
In this scientific article, the author investigated and observed the arbitral awards enforcement regimes on the territory of the Republic of Armenia. Observation of the legislation of the Republic of Armenia in the relevant field revealed features of state compulsory enforcement of arbitral awards of ad hoc institutions on the territory of the Republic of Armenia, permanent arbitration awards and finally arbitration tribunal decisions not exceeding the minimum wage by five thousand time. Some valuable recommendations have been made to improve voluntary enforcement of arbitral awards.
The contemporary issues of co-called domestic arbitral awards state compulsory enforcement have been discussed in comparison with western developed countries legal practice. In the article, the author made some suggestions regarding improvement of the legislation on commercial arbitration, mainly concerning the protection of subjective rights.
Moreover, the author presented the practical guideline how to exclude by law the private entity eligibility of state compulsory enforcement.
References
See European Convention on Human Rights, Article 6: Right to a fair trial, United Nations International Covenant on Civil and Political Rights, Article 14, Constitution of the Republic of Armenia, Chapter 2.
See V. Hovhannisyan, S. Meghryan, V. Esayan, P. Tadevosyan, A. Gharslyan, T. Markosyan, Y. Khundkaryan, Civil Procedure textbook (1), chapter - The means of protection of subjective rights, Yerevan, 2022.
See Commentaries to the Armenian Constitution, Yerevan, “Iravunq”, 2010, p. 210.
See United Nations Commission on International Trade Law. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
See RA Law on "Commercial Arbitration", 2007.01.31/8(532).
See Civil Procedure Code of RA, 2018.03.05/16(1374).
See R.C. Crampton, D.P. Currie, H.H. Kay, L. Kramer Conflict of Laws. Cases, Comments. Questions/ Fifth edition. ST paul, 1993, pp. 404-406, Lits, M.O. Recognition and enforcement of foreign court and arbitration decisions in the Russian Federation: correlation between international legal and domestic regulation. Dissertation for the degree of Candidate of Juridical Sciences, Ekaterinburg, 2002, pp. 55-56, etc.
See Yablochkov, T.M. Works on Private International Law (Classics of Russian Civil Law. Private International Law). Moscow, Statut, 2009, pp. 162-164.
According to Article 34, sections 3 and 4 of the "On Commercial Arbitration" law of the RA, an application for annulment of an arbitral award cannot be submitted after three months from the date of receiving the tribunal's decision. If an application is made under Article 33 of the law to correct errors in the award, such as arithmetic, typographical, or other similar errors, or to request an additional award, the application must be submitted within three months from the date of the tribunal's decision on that matter. If an application for annulment is submitted, the court may suspend the proceedings for a certain period of time, at the request of either party or at its own discretion, to allow the arbitral tribunal to resume the arbitration process or take other proper measures that may remedy the grounds for annulment of the award.
Karabelnikov B.R. International Commercial Arbitration, M, Infotropic Media, 212, 276-282
Lebedev SN International comm arb M., 1965, page 21.։
See the decision of the RA Court of Cassation No. 3-93 (VD) of 29.02.2008 on the civil case.
UNCITRAL Model Law article 1(3), Tibor Varadi, The international commercial arbitration in different legal sistems, 1998 p. 52
Rene David, Arbitration in International Trade, 1985, p. 84
Accepted 23 December, 2022 584-N
The Swedish Arbitration Act (The Swedish Code of Statutes (SFS) 1999:116, updated as per SFS 2018:1954) https://sccarbitrationinstitute.se/sites/default/files/2022-11/the-swedish-arbitration act_1march2019_eng-2.pdf
The Enforcement Code (1981:774) (including amendments up to SFS 2001:377)՝ https://www.regeringen.se/contentassets/1500e590992c4340a9600211fbc609b0/the-enforcement-code-1981774/
Arbitration Act 1996, https://www.legislation.gov.uk/ukpga/1996/23/contents
German Arbitration Act The following provisions of the Arbitral Proceedings Reform Act have entered into force on 1 January 1998. Subsequent amendments, i.a. by the Civil Procedure Reform Act of 27 Jul.
and the Law of Contracts Reform Act of 26 Nov. 2001 have been incorporated. Article 1, No. 7 of the Arbitral Proceedings Reform Act: Tenth Book of the Code of Civil Procedure Arbitration Procedure Sections 1025 – 1066 https://sccarbitrationinstitute.se/sites/default/files/2022-11/german-arbitration-act.pdf, https://www.disarb.org/fileadmin/user_upload/Wissen/Deutsches_Schiedsverfahrensrecht_98_-_Englisch.pdf
The Federal Arbitration Act (USA) https://sccarbitrationinstitute.se/sites/default/files/2022-11/the-federal-arbitration-act-usa.pdf
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