Enforcement of Judgments 2026 Comparisons

Last Updated August 04, 2026

Contributed By Concern Dialog

Law and Practice

Authors



Concern Dialog is a top-tier, full-service law firm headquartered in Yerevan, Armenia, that has established itself as a reliable partner for businesses and individuals seeking legal counsel and representation since 1998. Its team is highly respected for its work in the areas of corporate, labour, competition, tax, contract and family law (including child abduction cases) as well as regulatory issues. Specifically, Concern Dialog has extensive experience in regulatory matters in the technology, TMT, mining, energy, utilities, banking & finance, medical services, real estate, and not-for-profit sectors. In addition to an outstanding consulting and transaction practice, the firm is reputed for its landmark litigation and arbitration cases. Its criminal defence team has been entrusted with defending clients in numerous high-level, cases including complex politically motivated and white-collar crime proceedings.

To determine another party’s/debtor’s assets and obtain information on these in the Republic of Armenia, one can apply to the State Cadastre of Real Estate, which provides information on property, related rights and restrictions, including:

  • unified certificates on property units;
  • other information on a property units, including registered rights and restrictions, cadastral values and relevant characteristics;
  • information on property owned by the same person;
  • copies of cadastral file documents; and
  • cadastral plans and maps, etc.

In addition, the State Register of Legal Entities provides information concerning legal entities. The Unified Register provides certain information that is open to the public, free of charge:

  • registration date;
  • registration number;
  • tax identification number;
  • enterprise classification code;
  • registered or business address;
  • beneficial owner’s name, surname, citizenship, date of becoming a beneficial owner and grounds for beneficial ownership; and
  • information on liquidation or deregistration.

The register also allows users to search for companies in which a particular individual is a participant. Full information from the Unified State Register, as well as copies of legal entities’ charters, is available upon payment of the prescribed state fee.

Unified Register of Movable Property

This allows users to determine the movable property of a person or company that is already pledged or encumbered, for example, in favour of banks or credit organisations, as well as monetary claims that have been assigned or pledged. Any person may search for information on the subject of a security interest in movable property by entering the debtor’s exact name, a description of the collateral, or the registration number of the security interest.

Bank accounts and financial assets

Information on bank accounts and financial assets is not publicly available and not generally directly available to private individuals or their lawyers upon request. In court proceedings, the court may order the disclosure of bank secrecy information, which the bank then provides based on the court’s order.

DataLex judicial information system

By searching under the name of any individual or company, it is possible to view all ongoing and concluded court cases involving them, including bankruptcy proceedings and claims for recovery, unless the proceedings are closed to the public. See 2.7 Register of Domestic Judgments.

Bankruptcy proceedings

If bankruptcy proceedings are initiated against the debtor, the debtor is legally required to provide the bankruptcy administrator with a complete list of their assets, receivables, and bank accounts.

Enforcement stage

At the actual enforcement stage, the possibilities for identifying the debtor’s assets are significantly broader. The enforcement officer identifies the debtor’s assets and income by:

  • obtaining information from registration authorities and the debtor’s counterparties on the debtor’s and current/former spouse’s assets, the debtor’s income and their acquisition grounds;
  • obtaining from notaries information on inheritance certificates issued to the debtor;
  • conducting an inventory at the debtor’s residence, location, place of business or immovable property owned or possessed by the debtor; or
  • obtaining from the debtor a declaration of their assets, income and property rights, including their type, amount and location.

In Armenia, judicial acts are generally distinguished as final and interim judgments. Final judicial acts include the following.

  • First instance court: Judgments, payment orders having the force of a final judgment, and decisions on matters such as termination of proceedings, dismissal without examination, enforcement or recognition of arbitral awards and foreign judgments, restoration of enforcement limitation periods, postponement or instalment of enforcement, and other enforcement-related matters.
  • Court of Appeal: Decisions on appeals against final acts of first-instance courts, as well as decisions refusing to admit an appeal or terminating appellate proceedings.
  • Cassation Court: Decisions on appeals against final acts of the Court of Appeal, as well as decisions leaving a cassation appeal without examination, refusing to admit the appeal, or terminating cassation proceedings.

Interim judicial acts are all other decisions not listed above, issued either as a separate judicial act or as a procedural record. Interim judicial acts include, among others, decisions to grant, modify or lift interim measures, order the production of evidence, appoint an expert examination, suspend proceedings, join a third party to the proceedings, etc.

There have been significant amendments to the legislation regulating the enforcement procedure of judgments in Armenia, as a result of which the new Law “On Enforcement Proceedings” entered into force on 1 January 2026. 

Enforcement proceedings are initiated based on an application to the Compulsory Enforcement Service. Generally, the application is submitted by the claimant of the judicial proceedings. The application may be submitted within one year from the date when:

  • the judgment became final; however, if the final judgment does not require immediate enforcement, the application may be submitted only after two weeks have passed from the date the judgment became final;
  • the period for postponing enforcement or the period granted for voluntary compliance with the judgment has expired;
  • the court has decided to restore the limitation period for enforcement; and
  • the enforcement proceedings have been terminated at the claimant’s request.

If the deadline for submitting the application has been missed for a valid reason, the claimant may ask the relevant court to restore the deadline.

An application for the enforcement of an interim judicial act is submitted by the court that issued the act.

The law provides for the following enforcement measures for monetary and non-monetary claims:

  • charging of the debtor’s property;
  • charging of the debtor’s income;
  • charging of the debtor’s property held by third parties;
  • requiring or prohibiting certain actions by the debtor or, where provided by law, third parties;
  • performing the obligation on behalf of the debtor;
  • measures preventing or recording prohibited actions; and
  • physical coercion.

Charging the Debtor’s Property and Income

Monetary claims are enforced by charging the debtor’s property and income. Charging includes identifying, seizure and forcibly selling the debtor’s property. Charging is limited to the amount necessary to satisfy the claim and enforcement fees. It first applies to the debtor’s funds, then to pledged property and other property and income, except for assets exempt by law.

The debtor’s other property and income are charged in the following order:

Individual debtor

  • movable property;
  • immovable property;
  • income.

Legal entity

  • movable property not directly used in its activities;
  • immovable property not directly used in its activities;
  • finished products;
  • unfinished products, including raw materials, materials and semi-finished products;
  • other property.

Individual entrepreneur

  • movable property not directly used in business, except property used for personal or family purposes;
  • immovable property not directly used in business, except property used for personal or family purposes;
  • finished products;
  • unfinished products, including raw materials, materials and semi-finished products;
  • other property used in business;
  • movable property used for personal or family purposes;
  • immovable property used for personal or family purposes;
  • income.

If the above assets are insufficient to enforce the judgment, charging is applied to the following assets and rights in the following order:

  • rights to develop land, use property, servitudes, pledges, and purchase rights in respect of property under construction over third-party property;
  • third-party property encumbered by the rights listed in paragraph 1;
  • shares in a closed joint-stock company;
  • the debtor’s share in jointly owned immovable or indivisible movable property;
  • the share of a general partner in the charter capital of a business partnership;
  • shares in the charter capital of a limited or additional liability company, and cooperative units.

The order of charging may be changed by a simple written agreement between the parties to the enforcement proceedings, but only once during the proceedings. Charging assets or income in the subsequent order is generally allowed only after charging the assets or income in the previous order. However, in certain cases, charging may be applied to the next order without or alongside the previous one, including where the previous assets are clearly insufficient, inaccessible, their location cannot be determined, or the fifteenth compulsory auction of such assets has failed, as well as in other cases provided by law.

Identification of the Debtor’s Assets

Upon initiating enforcement proceedings for a monetary claim, the enforcement officer, on the same day, takes measures to obtain information from registration authorities, the debtor’s counterparties and notaries regarding the debtor’s assets and income, the grounds for their acquisition or payment, restrictions and encumbrances on the assets, third-party rights, and inheritance certificates issued to the debtor. The debtor’s assets are not identified where the enforceable act allows seizure only of specific assets.

Seizure of Property

Seizure prohibits the disposal of the debtor’s property, including encumbering it with third-party rights, and, where necessary, may restrict its use in whole or in part and provide for its confiscation. Seized property may not be altered, damaged, destroyed, demolished or dismantled, and no construction may be carried out on seized immovable property unless the construction permit was issued before seizure.

Depending on the circumstances, the enforcement officer may – or, where required by the enforceable act, must – fully or partially restrict the use of seized property, or confiscate it or its components.

Cash, foreign currency, securities in documentary form, precious metals and stones, jewellery made of gold, silver, platinum or platinum-group metals or precious stones and diamonds, as well as their scrap or individual components, are subject to mandatory confiscation.

In certain cases, the enforcement officer may permit disposal of seized property, for example:

  • its sale before the compulsory auction at no less than its assessed market value, provided that the sale price is paid into the Service’s deposit account before transfer to the buyer;
  • the sale of a separate unit in a completed multi-unit or subdivided building to a person holding a right to purchase property in the building under construction, at no less than the contract price applicable when the seizure was imposed, provided that the final payment is made into the Compulsory Enforcement Service’s deposit account before registration of the buyer’s ownership.

Disposal may also be permitted in other cases provided by law.

Sale of Seized Property

The enforcement officer determines the market value of seized property based on a reasonable market value available from public sources or, where necessary, an expert assessment.

Seized property is generally sold through auction.

The Law provides special rules for the enforcement of monetary claims against certain debtors (eg, the State, municipalities or the Church).

It also provides special rules for seizure of certain types of property, including funds, crypto-assets, shares in jointly owned property, rights related to participation in cooperatives and commercial companies, listed securities, pledged property, property encumbered by a prior pledge and property rights, etc.

Charging the Debtor’s Income

The debtor’s income may be charged if:

  • required by the applicable order of seizure; or
  • the claim concerns periodic payments, including alimony and compensation for damage caused to life or health, by the death of a breadwinner, or by a crime.

If the claim is up to AMD200,000, and the debtor’s funds are absent or insufficient, the enforcement officer may seize the debtor’s income regardless of available movable or immovable property. If the claim is AMD200,000 or more, income may be seized with the claimant’s consent if the income is sufficient to satisfy the claim within six months, regardless of available movable or immovable property.

The law sets specific limits on deductions from income.

The law also specifies types of property and income exempt from charging. These include, among others, the following.

  • Property: Essential household items, clothing, footwear, bedding and children’s items necessary for the debtor’s and family’s basic needs; the debtor’s sole residence, subject to statutory conditions; property provided as social assistance, etc.
  • Income: Compensation for damage to a person’s life or health, including due to the death of a breadwinner; alimony; social assistance payments, etc.

The enforcement officer terminates the proceedings if:

  • requested by the claimant, except in interim-measure proceedings;
  • a ground for refusing initiation or resumption is identified;
  • no successor-replacement request is filed within one year after the claimant’s death;
  • the debtor is declared bankrupt or a financial recovery plan is approved and the claim is subject to a statutory moratorium;
  • the debtor’s whereabouts cannot be established and personal participation is required;
  • the debtor’s relevant property cannot be accessed or located, or necessary information cannot be obtained;
  • the debtor has no property or income that can be seized;
  • enforcement against the deceased debtor’s inherited property and income has been completed up to the inherited property’s value;
  • periodic obligations or payments are performed without further enforcement measures;
  • enforcement of a non-monetary claim is impossible;
  • conditions for enforcement against a subsidiarily liable debtor have not arisen; or
  • necessary enforcement actions in interim-measure proceedings have been completed.

Enforcement Costs

The costs incurred by the enforcement officer in organising and carrying out enforcement actions are recoverable, including fees for persons assisting in the proceedings, costs of transferring the claimant’s property or funds to them, delivering sold property to the buyer, postal expenses, and other costs necessary for effective enforcement. For enforcement proceedings involving monetary claims, a one-time fixed enforcement fee is imposed upon initiation, regardless of the subsequent course of the proceedings or actual costs:

  • claims up to AMD10,000: 50% of the amount to be recovered; and
  • claims of AMD10,000 or more: AMD5,000.

The fixed fee is recovered from the debtor. However, if the claimant: i) requested termination of the proceedings; ii) the proceedings were terminated on grounds unrelated to performance of the obligation; iii) the claimant refused to enforce the claim or accept the property be transferred to them under the enforceable act, then the fee is recovered from the claimant. In such cases, the claimant must also pay an enforcement fee equal to the actual enforcement costs, but not less than:

  • 2% of the remaining recoverable amount if the grounds for termination or closure arose or became known to the enforcement officer within two weeks of initiating the proceedings; or
  • 4% of the remaining recoverable amount if such grounds arose or became known after the two-week period.

For monetary claims of AMD100,000 or more, in addition to the fixed fee, the debtor must pay:

  • 2% of funds voluntarily paid to the enforcement officer/Compulsory Enforcement Service or claimant, or non-cash funds recovered, if paid or recovered within two weeks of initiating enforcement proceedings;
  • 4% of such funds if paid or recovered after the two-week period;
  • 2% of the remaining recoverable amount if a court-approved settlement is submitted within two weeks, or 4% if submitted thereafter;
  • 5% of recovered (seized) cash; or
  • 10% of the sale price of property sold through compulsory auction or another procedure prescribed by law, but not more than 10% of the amount allocated to satisfy the claims.

If the claimant requests termination, the obligation is fulfilled, or the claimant refuses the claim or the property, the Compulsory Enforcement Service must refund the debtor’s enforcement fees.

For non-monetary claims, if the debtor fails to comply voluntarily within the prescribed period and enforcement is required, the debtor pays an enforcement fee:

  • on actual costs of up to AMD500,000: 3x the costs, but at least AMD100,000;
  • on actual costs of AMD500,000 to AMD1 million: AMD1.5 million; or
  • on actual costs exceeding AMD1 million: 150% of the costs.

If no voluntary compliance period is set, the debtor pays an enforcement fee equal to the actual enforcement costs, but not less than AMD5,000. If the claimant requests termination, the proceedings are closed on grounds unrelated to performance, or the claimant refuses the claim or the property, the claimant pays an enforcement fee equal to the actual enforcement costs, but not less than AMD5,000.

During the enforcement of judicial acts, in interim measure proceedings, an enforcement fee equal to the actual enforcement costs, but not less than AMD5,000, is charged:

  • to the debtor, if the interim measure is lifted because the claim was voluntarily satisfied, the parties reached a settlement, or the claim was granted, before the final judgment was submitted for enforcement;
  • to the claimant, if the claim was dismissed or the interim measure was lifted before the final judgment, except in the case above; or
  • to the debtor, if the administrative act secured by an administrative authority’s seizure is complied with after the interim proceedings are initiated but before the act is submitted for enforcement.

The law also provides for various other rules on enforcement fees.

Enforcement Period

At the actual enforcement stage, there are no fixed timelines for enforcement proceedings, as the process involves various enforcement actions whose duration cannot be precisely predetermined, such as property identification, valuation (often requiring expert appraisal), public auctions, etc. The overall timeframe also heavily depends on the specific enforcement measures applied; for instance, seizing the debtor’s property takes much longer than seizing funds.

Upon receipt of the application for enforcement, the enforcement officer initiates enforcement proceedings within three days.

Generally, the enforcement officer is required to conduct the enforcement proceedings within the shortest possible time (within a reasonable period).

The process of identifying the debtor’s assets is carried out during the actual enforcement proceedings. The enforcement officer identifies the debtor’s assets and income by:

  • obtaining information from registration authorities and the debtor’s counterparties on the debtor’s and current/former spouse’s assets, the debtor’s income and their acquisition grounds;
  • obtaining from notaries information on inheritance certificates issued to the debtor;
  • conducting an inventory at the debtor’s residence, location, place of business or immovable property owned or possessed by the debtor; and
  • obtaining from the debtor a declaration of their assets, income and property rights, including their type, amount and location.

The debtor may challenge the enforcement of a judicial act by appealing the judgement (eg, a final judgment ordering the debtor to pay a certain amount) itself and during the enforcement proceedings initiated for its enforcement.

Procedure for Appealing Judgements

In general, final decisions of the courts of first instance can be appealed to the Civil Court of Appeal within a month of the decisions being announced (for the appeal of interim decisions and specific cases, the timeframe may be shorter). In turn, the final decisions of the Appeal court can be appealed before the Court of Cassation within a month of the date that decisions were announced. The same terms apply to the Administrative Court.

An appeal can be filed in one or more of the following circumstances:

  • substantive or procedural law has been violated or improperly applied; and/or
  • newly revealed or new circumstances are available.

The norms of substantive law are considered violated or incorrectly applied if the court:

  • has not applied the law or the international treaty or other legal act of the Republic of Armenia that it should have applied;
  • has applied the law or the international treaty or other legal act of the Republic of Armenia when it should not have been applied; or
  • misinterprets the law or the international treaty or other legal act of the Republic of Armenia.

Violation or misuse of the norm of substantive law is a ground for reversal of the judgment if it has led to a wrong decision in the case. Violation or misuse of the rules of procedural law is a ground for overturning a judicial act if it has led, or could have led, to a wrong decision in the case. In fact, the correct judicial act of a court cannot be overturned for formal reasons alone. Furthermore, if the court of appeal finds that – based on the evidence examined in the court of first instance – a different conclusion as to the existence or absence of fact should have been established, the decision at first instance can also be overturned. However, no trial and full examination of the evidence in the court of appeal is allowed.

A cassation appeal is accepted for consideration if the Court of Cassation considers that:

  • its decision on the issue raised in the appeal may be essential for the uniform application of the law and other regulatory legal acts; or
  • a fundamental violation of human rights and freedoms is clear.

Procedure for Appealing During Enforcement Proceedings

In general, the debtor may challenge the decisions, actions, and inaction of the enforcement officer. An enforcement officer’s decision may be challenged through administrative review within two months after it enters into force, or before the Administrative Court within one month. Challenging the decision does not suspend enforcement actions.

A court decision restricting a wanted debtor’s right to leave Armenia may be appealed, but its enforcement cannot be suspended by a decision of the Court of Appeal.

In addition, there are several options for protecting the rights of the debtor and other participants in enforcement proceedings.

Challenging the Legality of a Forced Auction

A forced auction may be challenged in court within two months of publication of its minutes on the Compulsory Enforcement Service’s auction website if it violated the law and the violation affected or could have affected the auction results.

The former owner may also claim the return of the property sold at the invalidated auction if:

  • the enforcement act(s) covering more than three-quarters of the amount subject to recovery were annulled, or the relevant enforcement proceedings were found to have been unlawfully initiated;
  • it was established that grounds for terminating such enforcement proceedings existed before the auction, were known to the enforcement officer, but the proceedings were unlawfully not terminated; or
  • it was established that the auctioned property belonged to a person other than the debtor, including where enforcement against a third-party pledgor’s property was not permitted by the enforceable act.

Reversal of Enforcement

If a fully or partially enforced judgment is overturned and a new judgment dismisses the claim, terminates the proceedings, or leaves the claim without examination, the property or money transferred under the original judgment must be returned to the debtor or another interested person. If the property cannot be returned in kind, its equivalent value is recovered in money.

If the new court does not address the reversal, the first instance court that heard the case decides it upon application by the interested person. The application may be filed within one year from the date the new judgment becomes final.

As a general rule, judgments requiring execution are subject to enforcement. Under Armenian law, whether a judgement is enforceable depends not simply on its being a judgement but on its content and whether it imposes an obligation requiring compulsory enforcement. Certain judgements are not subject to enforcement because they do not impose an obligation that can be enforced – such as judgments that merely establish the existence or absence of a legal fact or legal relationship without requiring a party to take or refrain from taking any action. Certain acts are also purely procedural, such as decisions terminating or suspending proceedings, and are therefore not subject to enforcement.

In Armenia, information on all court cases, including certain interim and final judicial acts issued by courts, is published in the DataLex judicial information system, unless the case was heard on camera. The system is intended to ensure the publicity of judicial acts, and a judicial act is not removed from it on the ground that the debt or other obligation established by it has been satisfied.

During enforcement proceedings, certain decisions are subject to public notice on Armenia’s official public notification websiteAzadarar.am and are not removed once issued. These include decisions on the sale of seized property through compulsory electronic auctions, as well as certain types of decisions concerning the suspension of enforcement proceedings, for example.

The Republic of Armenia Civil Procedure Code sets out specific rules governing the recognition and enforcement of foreign court judgments. Foreign final judicial acts, regardless of their designation, as well as decisions on securing a claim, are subject to recognition and enforcement in Armenia. A foreign judgment has to be final, must have legal force in the state where it was made, and the dispute resolved by that act must be considered civil under the legislation of the Republic of Armenia. Recognition and enforcement may occur based on an applicable international treaty or the principle of reciprocity. Two examples of these international treaties are the Chisinau Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (7 October 2002) and the Minsk Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases (22 January 1993).

Armenia has also signed a number of bilateral agreements with different states regulating specific aspects of the recognition and enforcement procedure. If no bilateral or multilateral agreement is applicable under the Code of Civil Procedure, judgments are recognised and enforced based on the principle of reciprocity. Reciprocity is presumed unless the opposing party proves otherwise.

Without the existence of an international agreement or reciprocity, the following are recognised:

  • judicial acts regarding the legal status of persons;
  • foreign judicial acts on divorce or annulment of marriage between foreign citizens;
  • foreign judicial acts regarding divorce or annulment of marriage between citizens of the Republic of Armenia or between citizens of the Republic of Armenia and foreign citizens or stateless persons; and
  • the law may foresee other such acts (no such exception is regulated as of the date of drafting).

The court will refuse an application for the recognition and enforcement of a foreign judgment if:

  • the judicial act has not become final in accordance with the legislation of the state where it was rendered;
  • the party was deprived of the opportunity to participate in the proceedings;
  • there is a final and binding judicial act rendered by a court of the Republic of Armenia in a case between the same persons, concerning the same subject matter and based on the same grounds, or a judicial act rendered by a court of another state and recognised by a court of the Republic of Armenia;
  • proceedings have previously been instituted before a court of the Republic of Armenia in a case between the same persons, concerning the same subject matter and based on the same grounds;
  • the case in which the foreign judicial act was rendered falls within the exclusive jurisdiction of the courts of the Republic of Armenia;
  • the case in which the foreign judicial act was rendered does not fall within the international jurisdiction of the courts of that state;
  • the recognition and enforcement of the judicial act are contrary to the public policy of the Republic of Armenia; or
  • the judicial act is not enforceable under the legislation of the state where it was rendered.

There is no special approach to particular types of foreign judgments. In general, Armenia recognises and enforces a final judicial act rendered by a judicial authority of another state, which has legal force in the state where it was rendered, including settlement agreements approved by a foreign court, judicial orders and payment orders issued by a foreign court, as well as judgments rendered in criminal proceedings in respect of compensation for damage caused by a crime, as well as decisions on interim measures.

The Armenian Civil Procedure Code recognises certain foreign judgments that do not require enforcement, including:

  • acts concerning a person’s legal status issued by the courts of their state of citizenship;
  • foreign divorce or marriage-annulment judgments between foreign citizens;
  • divorce judgments between Armenian and foreign citizens/stateless persons where one spouse was primarily residing in the issuing state;
  • marriage-annulment judgments where the marriage was concluded in the issuing state; and
  • other foreign judicial acts governed by law.

For the recognition and enforcement of a foreign judicial act, an application must be submitted to the Armenian court at the place of residence (location) of the debtor. If the debtor has no place of residence (location) in Armenia, or if the debtor’s place of residence (location) is unknown, the application must be submitted to the court at the location of the property belonging to the debtor. 

If an application for the recognition and enforcement of a foreign judicial act has been submitted to an Armenian court that does not have jurisdiction over the matter, the court is obliged to transfer the application to the competent court in accordance with the procedure prescribed by the Republic of Armenia Civil Procedure Code.

Applications must be filed within three years from the date the foreign judgment becomes effective. An application for the recognition and enforcement of a foreign judicial act may be submitted by:

  • the person in whose favour the foreign judicial act was rendered;
  • the foreign court that rendered the act, with respect to the recovery of court costs payable to the state budget of the respective state; or
  • the state authorities of the Republic of Armenia and foreign states, where such authority is provided for by law or international treaties.

When examining the case, the court only determines whether the foreign judicial act meets the requirements prescribed by the law and the international treaties of the Republic of Armenia.

Within two weeks from the date on which the Armenian court renders a decision on the recognition and enforcement of a foreign judicial act, the court must submit an application to the Compulsory Enforcement Service of the Republic of Armenia for the enforcement of the judicial act, unless the claimant has requested that court not to submit the application for enforcement.

In such cases, the claimant may apply for enforcement to the Compulsory Enforcement Service under the same rules that apply to domestic judgments prescribed in 2.1 Types of Domestic Judgments. The actual enforcement procedure for a foreign judgment is the same as for a domestic judgment also described in 2.1 Types of Domestic Judgments.

Enforcement Costs

An application for the recognition and enforcement of a foreign judgment is subject to a state fee of AMD20,000. Appeals against decisions on the recognition and enforcement of a foreign judgment are subject to a state fee of AMD30,000, while cassation appeals are subject to a state fee of AMD40,000. If the appeal or cassation appeal is upheld, the state fees paid are recoverable from the opposing party.

During the actual enforcement stage, the same rules on enforcement costs apply as those applicable to domestic judicial acts, as described in 2.3 Costs and Time Taken to Enforce Domestic Judgments.

Enforcement Periods

The court examines the application for the recognition and enforcement of a foreign judgment and makes a decision within a reasonable period. It enters into legal force seven days after publication unless an appeal is filed against it within this period. When the decision on the enforcement of the judicial act enters into force, within two weeks an application is submitted to the Compulsory Enforcement Service for the enforcement of the judgment.

During the actual enforcement stage, the same rules on deadlines apply as those applicable to domestic judicial acts, as also described in 2.3 Costs and Time Taken to Enforce Domestic Judgments.

The process of recognition and enforcement of foreign judgments usually takes about one year from filing the application and initiating the completed enforcement proceedings.

Judicial acts on the recognition and enforcement of foreign judgments, as well as enforcement officers’ decisions issued during enforcement, are challenged under the same procedure applicable to domestic acts, as described in 2.5 Challenging Enforcement of Domestic Judgments.

The procedure for enforcing arbitral awards in Armenia is governed by the Armenian Civil Procedure Code, the Law on Commercial Arbitration and the Law on Enforcement Proceedings. In addition, Armenia is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

According to the law, an arbitral award rendered in the territory of the Republic of Armenia or in the territory of any other state party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will be viewed as binding and enforced upon a written application to the competent court.

Arbitral awards rendered outside the territory of the Republic of Armenia are recognised and enforced in Armenia on the basis of reciprocity, in accordance with the law and the international treaties of the Republic of Armenia. Reciprocity is presumed to exist unless proven otherwise.

The main differences are due to arbitral awards being domestic or foreign. Such differences are detailed in 4.3 Categories of Arbitral Awards Not Enforced.

In general, recognition or enforcement of an arbitral award rendered in Armenia or in another state party to the New York Convention may be refused only if the following apply.

  • The party against whom the award is invoked proves that:
    1. a party to the arbitration agreement was legally incapable, or the agreement was invalid;
    2. it was not properly notified of the arbitration or appointment of the arbitrator, or was otherwise unable to present its case;
    3. the award concerns matters not covered by, or beyond the scope of, the arbitration agreement;
    4. the composition of the tribunal or the procedure did not comply with the parties’ agreement or the law of the country where the award was made; or
    5. the award is not yet binding, has been set aside, or its enforcement has been suspended by a competent court.
  • The court finds that:
    1. the subject matter of the dispute is not arbitrable under Armenian law; or
    2. recognition or enforcement of the award would be contrary to Armenian public policy.

Armenia is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. If the arbitration was conducted by a permanent arbitration institution, the award is submitted electronically to the Compulsory Enforcement Service where the arbitration was conducted by such institution, the place of arbitration was Armenia, all parties were Armenian citizens or Armenian-registered legal entities, and the amount awarded does not exceed 5,000 times the minimum salary. In these cases, the award is enforced upon application of the person in whose favour it was rendered.

In such cases, the application is submitted to the permanent arbitration institution that conducted the arbitration, unless it no longer operates, in which case it is submitted to the court. The application may be filed within one year from receipt of the award, but not earlier than three months after receipt. The permanent arbitration institution examines it within one month based on the submitted documents and materials and, if the application is granted, electronically notifies the Compulsory Enforcement Service.

Where the institution no longer operates and the place of arbitration was Armenia, the application is submitted to the court. The court examines it upon application of the person in whose favour the award was rendered and decides it within 15 days from accepting the application.

Foreign arbitral awards are recognised and enforced by the court upon application of a party. A party may also seek recognition only, depending on the nature of the award. An application for recognition and enforcement may be filed within three years from the date the award became effective. The court decides it within two months from accepting the application. The grounds for refusal are the same as for domestic awards.

The court’s decision on a domestic arbitral award enters into force upon publication, while the decision on a foreign arbitral award enters into force seven days after publication.

Based on an arbitral award, the application for compulsory enforcement is submitted by the court that issued the judicial act on enforcement, within two weeks after the act enters into force, unless the claimant has requested the competent court not to submit it. In this case, the claimant submits the application itself under the same rules that apply to domestic judgments prescribed in 2.1 Types of Domestic Judgments. The actual enforcement procedure for an arbitral awards is the same as for a domestic judgment, also described in 2.1 Types of Domestic Judgments.

Enforcement Costs

Applications for the recognition and enforcement of a foreign arbitral award are subject to a state fee of AMD50,000. Appeals against decisions on the recognition and enforcement of a foreign arbitral award are subject to a state fee of AMD60,000, while cassation appeals are subject to a state fee of AMD70,000.

If the appeal or cassation appeal is upheld, the state fees paid are recoverable from the opposing party.

During the actual enforcement stage, the same rules on enforcement costs apply as those applicable to domestic judicial acts, as described in 2.3 Costs and Time Taken to Enforce Domestic Judgments.

Enforcement Periods

When the application or the recognition and enforcement of an arbitral award is submitted to a permanent arbitration institution, the application is examined within one month. When the application or the recognition and enforcement of an arbitral award is submitted to the court, it examines an application within 15 days of accepting the application.

An application for the recognition and enforcement of a foreign arbitral award is examined by the court within two months of its acceptance.

A court decision concerning a domestic arbitral award enters into force upon publication, whereas a decision concerning a foreign arbitral award enters into force seven days after publication.

When the decision on the enforcement of the arbitral award enters into force, within two weeks an application is submitted to the Compulsory Enforcement Service for the enforcement of the judgment.

During the actual enforcement stage, the same rules on deadlines apply as those applicable to domestic judicial acts, as described in 2.3 Costs and Time Taken to Enforce Domestic Judgments.

In Armenia, the only way to challenge an arbitration award in court is by applying for it to be set aside on grounds relating to:

  • the incompetence of the party;
  • the invalidity of the arbitration agreement;
  • the proper notification of the party about the arbitration or appointment of an arbitrator;
  • the party’s lack of opportunity to present its case (for any other reason);
  • the compliance of the dispute with the arbitration agreement;
  • the terms or scope of the arbitration agreement; or
  • the compliance of the composition or procedure of the arbitration tribunal with the arbitration agreement (or the applicable law in the absence of such an agreement).

During the actual enforcement proceedings enforcement officers’ decisions are challenged under the same procedure applicable to domestic acts, as described in 2.5 Challenging Enforcement of Domestic Judgments.

Concern Dialog Law Firm

1 Charents St
Office 207
Yerevan
0025
Armenia

(+374) 60 278888

info@dialog.am www.dialog.am
Author Business Card

Law and Practice in Armenia

Authors



Concern Dialog is a top-tier, full-service law firm headquartered in Yerevan, Armenia, that has established itself as a reliable partner for businesses and individuals seeking legal counsel and representation since 1998. Its team is highly respected for its work in the areas of corporate, labour, competition, tax, contract and family law (including child abduction cases) as well as regulatory issues. Specifically, Concern Dialog has extensive experience in regulatory matters in the technology, TMT, mining, energy, utilities, banking & finance, medical services, real estate, and not-for-profit sectors. In addition to an outstanding consulting and transaction practice, the firm is reputed for its landmark litigation and arbitration cases. Its criminal defence team has been entrusted with defending clients in numerous high-level, cases including complex politically motivated and white-collar crime proceedings.