Enforcing Contracts

Info

The ease or difficulty of enforcing commercial contracts is measured below. This is determined by following the evolution of a payment dispute and tracking the time, cost, and number of procedures involved from the moment a plaintiff files the lawsuit until actual payment.

DB 2016 Rank 28 DB 2015 Rank 36 Change in Rank up8
DB 2016 DTF (% points) 70.46 DB 2015 DTF (% points) 68.60 Change in DTF (% points) up1.86
Indicator Armenia Europe & Central Asia OECD high income

The time to resolve a dispute, counted from the moment the plaintiff files the lawsuit in court until payment. This includes both the days when actions take place and the waiting periods between.

Time (days)
570.0 480.7 538.3

The cost in court fees and attorney fees, where the use of attorneys is mandatory or common, expressed as a percentage of the debt value.

Cost (% of claim)
14.0 26.2 21.2

The quality of judicial processes index measures whether each economy has adopted a series of good practices in its court system in four areas: court structure and proceedings, case management, court automation and alternative dispute resolution.

Quality of judicial processes index (0-18)
11.5 10.5 11.0
Indicator
Time (days) 570.0
Filing and service 30.0
Trial and judgment 420.0
Enforcement of judgment 120.0
Cost (% of claim) 14
Attorney fees 12.0
Court fees 2.0
Enforcement fees 0.0
Quality of judicial processes index (0-18) 11.5
Court structure and proceedings (0-5) 2.0
Case management (0-6) 5.5
Court automation (0-4) 2.0
Alternative dispute resolution (0-3) 2.0
Answer Score
Quality of judicial processes index (0-18) 11.5
Court structure and proceedings (0-5) 2.0
1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0
2. Small claims court 0.0
2.a. Is there a small claims court or a fast-track procedure for small claims? No
2.b. If yes, is self-representation allowed? n.a.
3. Is pretrial attachment available? Yes 1.0
4. Are new cases assigned randomly to judges? Yes 1
Case management (0-6) 5.5
1. Time standards 1.0
1.a. Are there laws setting overall time standards for key court events in a civil case? Yes
1.b. If yes, are the time standards set for at least three court events? Yes
1.c. Are these time standards respected in more than 50% of cases? Yes
2. Adjournments 0.5
2.a. Does the law regulate the maximum number of adjournments that can be granted? No
2.b. Are adjournments limited to unforeseen and exceptional circumstances? Yes
2.c. If rules on adjournments exist, are they respected in more than 50% of cases? Yes
3. Can two of the following four reports be generated about the competent court: (i) time to disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? Yes 1.0
4. Is a pretrial conference among the case management techniques used before the competent court? Yes 1.0
5. Are there any electronic case management tools in place within the competent court for use by judges? Yes 1.0
6. Are there any electronic case management tools in place within the competent court for use by lawyers? Yes 1.0
Court automation (0-4) 2.0
1. Can the initial complaint be filed electronically through a dedicated platform within the competent court? No 0.0
2. Is it possible to carry out service of process electronically for claims filed before the competent court? No 0.0
3. Can court fees be paid electronically within the competent court? Yes 1.0
4. Publication of judgments 1.0
4.a Are judgments rendered in commercial cases at all levels made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Yes
4.b. Are judgments rendered in commercial cases at the appellate and supreme court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Yes
Alternative dispute resolution (0-3) 2.0
1. Arbitration 1.5
1.a. Is domestic commercial arbitration governed by a consolidated law or consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? Yes
1.b. Are there any commercial disputes—aside from those that deal with public order or public policy—that cannot be submitted to arbitration? No
1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes
2. Mediation/Conciliation 0.5
2.a. Is voluntary mediation or conciliation available? Yes
2.b. Are mediation, conciliation or both governed by a consolidated law or consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? No
2.c. Are there financial incentives for parties to attempt mediation or conciliation (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? No