AMCA Arbitral Tribunal’s decision on the Ex Parte Request for Interim Measures 

In an international arbitration case administered by the Arbitration and Mediation Center of Armenia (AMCA), the sole arbitrator rejected a request to grant interim (conservatory) measures without notifying the opposing party (ex parte). 

The dispute arises from a supply agreement between the parties. According to the Claimant, the Respondent failed to fulfill its obligation to deliver the goods and refused to return the advance payment. Following the constitution of the Tribunal, the Claimant filed a motion requesting to freeze the Respondent’s assets in the amount of the claim. 

Tribunal’s analysis 

Addressing the Claimant’s ex parte request, the Arbitral Tribunal observed that the applicable law does not explicitly permit the consideration of interim measures on an ex parte basis in arbitration proceedings. Furthermore, the arbitrator referred to Article 18 of the Law, which guarantees the parties’ equality and the right of each party to present its position. The Tribunal emphasized that, under Article 24 of the AMCA Arbitration Rules, the Tribunal must act fairly and impartially while ensuring that each party is afforded a reasonable opportunity to present its case. 

The Tribunal acknowledged the Claimant’s concerns that notifying the Respondent about the request might lead to actions intended to frustrate the enforcement of any future arbitral award. However, the Tribunal found that even if the ex parte request were granted, the Respondent would still be notified of the Tribunal’s interim award during enforcement proceedings. 

Considering the procedures outlined in Article 36.1 of the Law on Commercial Arbitration of the Republic of Armenia and Chapter 46 of the Civil Procedure Code of the Republic of Armenia, the Tribunal concluded that an ex parte review of interim measures would serve no practical purpose. 

Tribunal’s Findings  

The Tribunal ruled that it would only consider the request for interim measures after proper notification to the Respondent. Accordingly, the Claimant was instructed to notify the Respondent about the request, with the Respondent granted a 10-day period to present its position. The Claimant duly complied with the Tribunal’s instructions and notified the Respondent of the request for interim measures. 

Arbitration Practice Development Guidelines  

Transparent and well-reasoned decisions by arbitral tribunals are essential for building confidence in the arbitration process, as demonstrated by the experience of leading international arbitration institutions. Prestigious institutions like the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Singapore International Arbitration Centre (SIAC) strongly emphasize procedural fairness, particularly when considering requests for interim measures. This commitment implies that, as a rule, all parties have equal opportunities to present their positions during interim measures proceedings. 

The AMCA Tribunal’s approach aligns with the established international standards by ensuring equal treatment of the parties and providing each side with a fair opportunity to present its arguments. 

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Prepared by Davit Khachatryan / Senior Lawyer at AMCA