Originally from Attachment of Assets

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshal?

The relations on injunction measures securing the court judgments are regulated in Articles 97-99 of the Republic of Armenia Civil Procedure Code (in force since January 1, 1999). Pursuant to these provisions the court takes measures to secure the action either based on the motion of a person participating in the case or based on its own initiative. The court may also take measures to secure the action based on a motion submitted by one of the parties in arbitration proceedings.

Securing the action is allowed at any stage of the proceedings, therefore it can be submitted along with the complaint, after it has been deemed admissible, while preparing for judicial proceedings or in the course of judicial proceedings.

One or several of the following may be applied as means of securing the action:

1. attachment of defendant’s property or financial assets in the amount of the complaint;

2. prohibition to commit certain actions by the defendant;

3. prohibition on other persons to commit certain actions in relation to the object of the dispute;

4. to prevent the disposal of the property, in case of bringing a case claiming to lift the attachment of property; or 

5. attachment of property owned by the plaintiff however held by the respondent immediately or within 5 days.