FAQ
What is AMCA
AMCA is an independent, neutral and professional arbitration institution which provides platform dedicated to organizing and conducting alternative ways of dispute resolution: arbitration and mediation.
What is arbitration?
Arbitration is an alternative dispute resolution process, a powerful tool utilized by individuals, businesses, and organizations to navigate legal disagreements outside the traditional court system. Unlike lengthy court trials, arbitration offers a faster and more streamlined approach, enabling parties to reach conclusive decisions with the help of a neutral and specialized arbitrators.
What are the benefits of arbitration?
Arbitration ensures speed and efficiency, expert neutrality, tailored solutions, it is cost-effective, ensures privacy and confidentiality, flexibility.
The decisions made through arbitration hold legal weight and are enforceable, providing the certainty of a binding resolution.
What are the benefits of arbitration in AMCA?
AMCA has professional local and international arbitrators and comprehensive Arbitration rules. Moreover, AMCA ensures paperless case-management and dispute resolution in a short period. The introduction of new software for dispute resolution in AMCA will further advance its capabilities. This technology can streamline case management and facilitate communication between parties.
Can AMCA provide legal advice or solve a dispute?
No. In its position as an independent and neutral arbitration institution, AMCA does not act on behalf of any party in arbitration proceedings, nor does it provide any legal advice or solve a dispute.
What types of disputes does AMCA administer?
AMCA administers a wide range of disputes, including, among others, corporate and commercial, mining, trade and investment, IT disputes, construction/engineering, shipping, insurance, intellectual property, and banking and finance.
Is there a minimum or maximum claim amount for AMCA arbitration?
No. There is no minimum or maximum claim amount for cases to be administered by AMCA.
Can AMCA administer arbitrations in languages other than Armenian?
Yes. AMCA has fluency in English and Russian. If the arbitration agreement so requires, AMCA is generally able to administer the case in languages other than Armenian. Where necessary, parties may be asked to provide translations of documents.
Can AMCA administer arbitrations where the governing law of the contract is not Armenian law?
Yes. AMCA is able to administer arbitrations where the governing law of the contract is not Armenian law.
Can AMCA administer arbitrations where the seat of arbitration is not Yerevan/Armenia?
Yes. AMCA is able to administer arbitrations where the seat of arbitration is not Yerevan.
Is there a default seat of arbitration under the AMCA Rules?
No. Under the AMCA Arbitration rules Parties shall be free to agree on the seat of arbitration in their Arbitration Agreement or otherwise upon their written consent. Failing such agreement, the seat of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case.
Do hearings in AMCA-administered arbitrations need to be held in Yerevan?
No. Hearings can also be held virtually.
Can international parties having no connection with Armenia refer a case to AMCA for administration?
Yes.
Do parties need to be represented by lawyers in AMCA arbitrations?
No. Parties to a dispute do not necessarily need to be represented by lawyers in AMCA arbitrations.
What are AMCA’s operating hours?
AMCA’s operating hours are Monday to Friday, 9.00 am to 6.00 pm (Yerevan time). Outside of those hours, we remain contactable at all times at info@amca.am
What is AMCA
AMCA is an independent, neutral and professional arbitration institution which provides platform dedicated to organizing and conducting alternative ways of dispute resolution: arbitration and mediation.
What is mediation?
Mediation is a process aimed at amicably resolving the dispute between the parties with the help of an impartial third party, a mediator.
What are the advantages of mediation?
The mediation process involves an informal, fast, and flexible procedure. As a result of mediation, there are no winners and losers. This allows maintaining interpersonal, work and business relationships. On the other hand, through mediation, it is possible to successfully end the working relationship. Mediation can encourage the parties to resolve further disputes and disagreements in a cooperative and constructive atmosphere.
What types of disputes can be resolved through mediation?
Mediation can be carried out with disputes arising from civil, family, labor, and in cases provided by law, also from other legal relations.
How is mediation different from litigation?
In case of mediation, the parties can choose the mediator based on, among other circumstances, the specifics of the subject of the dispute. Mediation is a flexible process; the mediator and the parties are free to decide their preferred format for conducting the mediation. The desired outcome of mediation is the conclusion of a settlement agreement acceptable to both parties. Mediation is a confidential, cost-effective, and fast process. In the case of a trial, the parties do not have the opportunity to choose the judge who resolves their dispute. In the case of a trial, the parties have no control over the procedure. It is a significantly more expensive and long-term process. Litigation implies the resolution of a dispute with one side winning.
Is the settlement legally binding?
Mediation itself does not create a legally binding decision. However, each party to the mediation has the right, within six months after the date of signing the mediation agreement, to apply to the court of general jurisdiction of its place of residence with a request for court approval of the conciliation agreement concluded between the parties.
How long does mediation take?
The duration of mediation depends on the complexity of the issues and the willingness of the parties to cooperate. In AMCA, mediation can take hours if the parties are willing.
Is the mediation process confidential?
Yes, mediation is a private and confidential process. The parties to the mediation, the mediator, the Center and other persons involved in the mediation shall always maintain the confidentiality of any information related to the entire mediation process. Any document, communication, or information discovered, disclosed, or created by either party during or for the mediation process may not be disclosed unless the parties otherwise agree in writing.
What if one of the parties refuses to participate in the mediation process?
Participation in mediation is voluntary. When one of the parties refuses to participate in the mediation process, it is considered completed.
Who are AMCA Mediators?
AMCA, as a permanent mediation institution, has a list of mediators, which includes mediators licensed in RA.
Can the mediator provide legal advice and guidance to the parties?
Pursuant to the AMCA Mediation Rules, the Mediator is not entitled to provide legal advice to the parties or other participants in the mediation or to express a position on any substantive matter of the mediation. How much does mediation cost? Mediation costs depend on various circumstances, such as the persons involved in the mediation, the time required for mediation, etc. In the case Arbitration and Mediation Center of Armenia, the fee for mediation is AMD 70,000 (including taxes and other mandatory fees defined by law). The remuneration of the mediator(s) in the package of mediation lasting up to four hours is AMD 150,000, after that AMD 50,000 per hour. The cost of remuneration of the mediator(s) does not include taxes and other mandatory fees defined by law. In any case, these values are indicative and may be changed in exceptional cases.
Can more than one mediator be appointed in one case?
According to the AMCA Mediation Rules, due to the nature of the conciliation case, upon the proposal of the conciliation parties or at the initiative of the Center and with the consent of the conciliation parties, the case may be co-conciliated by appointing more than one conciliator.