The problem related to ADR functioning in Armenia has a crucial importance for further economic development. The institutional development in Armenia has formed a peculiar reality of “institutional consistency” in this field, an essential element of which is a fragile dividing line between formal and informal institutions. Business reality shows that in Armenia the usage of ADR in “business to business” relations is widespread. The matter is that mostly it takes a form of informal relations, and actually formal ADR institutions have become “unclaimed”. This fact creates serious obstacles for the Government which seeks to establish effectively functioning formal ADR institutions. Unless the reasons as to why informal ADR mechanism is in high demand are identified, it is obvious that it will not be possible to elaborate a feasibly justified policy in this field. The aim of the study is to have a general overview on the dispute resolution mechanisms in Armenia and to study opportunities for their efficient implementation. Particularly the study is focusing on the following questions
1. What is the theoretical background of contract enforcement
2. What are the theoretical costs of contract enforcement to businesses?
3. How disputes in B2B are being solved in Armenia?
4. What are the real costs the businesses face during dispute resolution
5. How the costs of dispute resolution stipulate selection between different resolution mechanisms
Contents
INTRODUCTION
CHAPTER 1. THEORETICAL BACKGROUND ON ALTERNATIVE DISPUTE RESOLUTION (ADR) ISSUES
1.1 NEW INSTITUTIONAL ECONOMICS AND PROPERTY RIGHTS
1.2 NOTION OF THE CONTRACT
1.3 CONTRACT ENFORCEMENT
1.3.1 CONTRACT ENFORCEMENT BY THE COURTS
1.3.2 THE COSTS OF CONTRACT ENFORCEMENT THROUGH THE COURTS
1.3.3 ALTERNATIVE MECHANISMS OF CONTRACT ENFORCEMENT
CHAPTER 2. FINDINGS OF THE FOCUS GROUPS AND SURVEYS
2.1 FINDINGS OF THE FIRST FOCUS GROUP WITH EXPERTS
2.2 FINDINGS OF THE SECOND FOCUS GROUP WITH BUSINESSMEN
2.3 FINDINGS OF INTERNET SURVEY
2.4 FINDINGS OF PHONE SURVEY
2.5 FINDINGS OF THE SURVEY CONDUCTED AMONG MEMBERS OF THE UNION OF MANUFACTURERS AND BUSINESSMAN OF ARMENIA
2.6 FINDINGS OF THE SURVEY CONDUCTED IN THE REGIONS (MARZES) OF THE REPUBLIC OF ARMENIA
2.7 OVERALL SUMMARY OF FINDINGS
CHAPTER 3. ECONOMIC ANALYSIS OF THE LAW ON COMMERCIAL ARBITRATION OF ARMENIA
CONCLUSIONS AND RECOMMENDATIONS
REFERENCES
APPENDICES
APPENDIX
Author: Davit Harutyunyan, Ashot Iskandaryan
Source: Blekinge Institute of Technology
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