Alternative dispute resolution has gained widespread acceptance in the western world both within the legal profession and the general public, and its positive momentum has now landed squarely in Armenia. The financial drain and emotional strain of litigation are the same everywhere, and so too are the measurable advantages and benefits of ADR.
In view of these increasingly universal dynamics, the Arbitration and Mediation Center of Armenia (AMCA) was established last year to serve as an independent, impartial, internationally recognized arbitration and mediation institution, based in Yerevan. AMCA is co-sponsored by the Armenian Bar Association, the Armenian General Benevolent Union and the Center for Legislation Development Foundation of the Ministry of Justice of the Republic of Armenia, with support from international development organizations and international experts in commercial dispute resolution. AMCA’s initial operational budget is principally provided by the European Union.
The ABA is represented on the AMCA Board of Trustees by Levon Golendukhin. Arbitrator appointments and administration of the Arbitration Rules are overseen by AMCA’s Arbitration Council comprised of leading international arbitration practitioners around the world and in Armenia, and which is chaired by Grant Hanessian, former U.S. member of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris. Levon and Grant are both ABA board members and Co-Chairs of the Armenia Programs Committee.
Consider including AMCA arbitration and mediation clauses in the contracts of your clients investing in Armenia.
The form AMCA arbitration clause is as follows:
“All disputes arising out of or in connection with the present contract shall be finally resolved under the Arbitration Rules of Arbitration and Mediation Center of Armenia (AMCA). The dispute shall be resolved by [parties to choose a sole arbitrator or three arbitrators]. The seat of arbitration shall be Yerevan, Armenia [parties can choose other seat] and the language of arbitration shall be English [parties can choose other language]. The law governing the dispute shall be Armenian law [parties can choose other law].”
AMCA facilitates the resolution of legal disputes:
AMCA administers the resolution of disputes by arbitral tribunals in accordance with its Arbitration Rules and by accredited mediators in accordance with its Mediation Rules.
AMCA’s Arbitration Rules reflect international best practices and are based on the ICC Arbitration Rules. Under AMCA arbitration rules:
- Parties have complete freedom to choose arbitrators, language of arbitration and applicable law; if the parties cannot agree on a presiding arbitrator, AMCA’s Arbitration Council, which includes former members of the ICC Court of Arbitration and a former Secretary General of the ICC Court, will appoint an arbitrator acceptable to the parties.
- The AMCA Rules assure practical, efficient resolution of commercial disputes; documents may be submitted electronically, and do not require notarized translation.
- Counsel and clients may participate in AMCA arbitrations from anywhere in the world, as hearings may be conducted online as well as in person in AMCA’s state of the art hearing facilities in Yerevan.
The International Centre for Dispute Resolution® (ICDR) the international division of the American Arbitration Association entered into a cooperative agreement with the Arbitration and Mediation Center of Armenia (AMCA) at the AAA-ICDR’s offices in New York. The agreement was signed by the AAA-ICDR’s President and CEO Bridget Mary McCormack and Grant Hanessian who signed on behalf of the AMCA. Eric P. Tuchmann and Sasha Carbone were also present for this signing ceremony along with Miroslava Schierholz who will be participating in the second annual Armenian International Arbitration conference on September 4-5, 2024 in Armenia and taking the opportunity to commemorate this agreement and the spirit of cooperation that is in place between the two organizations to promote international arbitration and mediation. See the agreement here.