Interim Measures in Judicial Proceedings in Armenia

1) What conditions must be met for the application of interim measures in Armenia?

A motion on applying a measure for securing a claim may be filed with the Court of First Instance along with the statement of claim or before the end of the trial of the case. It may be formulated in the statement of claim. A motion on applying a measure for securing a claim must contain substantiations regarding the existence of a ground for applying a measure for securing the claim and an indication on the measure(s) for securing the claim. 

A measure for securing a claim must be proportionate to the submitted request and the goal of securing the claim.

A measure for securing a claim being applied must not lead to actual impossibility for a legal person to carry out its activities or create essential obstacles for its activities or lead to violation by the legal person of the requirements set by the legislation of the Republic of Armenia.

2) What types of interim measures can be applied by Armenian courts?

1. Imposing attachment on the property of the respondent in the amount of the cost of the claim; 
2. Prohibiting certain actions of the respondent; 
3. Prohibiting certain actions of other people in relation to the object of the dispute; 
4. Obliging the respondent or other persons to perform certain actions relating to the subject of the dispute;
5. Preventing the sale of the property, where a claim has been filed on releasing the property from attachment; 
6. Imposing attachment on the property that belongs to the plaintiff and is at the disposal of the respondent; 
7. Other measures for securing the claim as prescribed by law.

3) What documents and evidence are required to file a motion for interim measures?

Upon motion of the person participating in the case,or on its own initiative in the cases provided for by law, the Court of First Instance shall take measures to secure the claim, if failure to take such measures may make it impossible, difficult to execute the judicial act, may cause a change in factual conditions or legal status of the property under dispute or lead to essential damage to the person filing a motion.

Any document supporting the above will be considered evidence.

4) How long do interim measures last in Armenia?

Where a decision is rendered on granting the claim, the measures applied for securing the claim are upheld until the decision is executed. Following a decision on granting the claim, the measure for securing the claim may be removed based on a court decision, upon motion of the person requesting securing the claim. 

When a decision is made on dismissing the claim, the measures applied for securing the claim are upheld until the decision enters into force. 

Upon partial granting of the claim, the court, based on circumstances of the case, shall resolve the issue of removing the measure for securing the claim in full or partially.

5) Can interim measures be appealed in Armenia?

Yes. A court’s decision on rejecting a motion on applying a measure for securing a claim or on partially granting a motion on applying a measure for securing a claim may be appealed to the Court of Appeal with respect to the rejected part. If the appeal is upheld by the Court of Appeal, the measures for securing the claim shall be applied based on the decision of the Court of Appeal. The decision of the Court of Appeal shall not be subject to appeal. 

Author: Meri Artashesyan