Armenian government does not implement Stockholm Arbitration`s  decision on the ENA due to lack of enforcement mechanism - minister  of justice 

ArmInfo.  The decision of the Stockholm Arbitration Court on the Electric Networks of Armenia (ENA) company, which belongs to the Russian businessman Samvel Karapetyan, who was previously arrested in Yerevan, is currently not being implemented by the Armenian government, since it is an interim decision and its implementation or non-implementation at this stage  is voluntary.  However, in the case of a final verdict, there is a  specific mechanism that provides for its compulsory implementation.  This was stated by Justice Minister Srbuhi Galyan in a conversation  with journalists on September 3, referring to the Armenian  authorities' ignoring the Arbitration Court decision on the Electric  Networks of Armenia CJSC.

However, then, contradicting her own words, Galyan noted that even in  this case, the enforcement mechanism should be implemented within the  framework of national legislation, since no international court, in  her words, can force the government to implement any decision,  especially "if they contradict the public order of the country."

"In addition, there is a mechanism that assumes non-enforcement of  this decision if the court decides that it violates public order.  Everything I say is not an idea divorced from reality, but  regulations that can be found in international and domestic legal  acts," the head of the Ministry of Justice assured.

Galyan believes that it is likely that the arbitration may ultimately  make a decision that will not be subject to execution by the Armenian  government. Otherwise, as the head of the Ministry of Justice noted,  why then were regulations created on the basis of which the  arbitration decision may not be executed. "Armenia acted within the  framework of its own legislation, and, in fact, the arbitration  decision determines that we should not use our domestic legislation.  Therefore, we, in turn, declare that our state is a state governed by  the rule of law and must follow the legal regulations that exist, are  applied and are constitutional. The arbitration decision contradicts  this," the minister explained.

Touching upon Prime Minister Nikol Pashinyan's statement on this  matter that "the government is him" and no one in the executive body  can have a position that contradicts him, Galyan asked a counter  question: "I am also the government, so what?" According to her,  there is some metaphor in this. "I, like other ministers, we are all  members of the government, which means that collectively we are all a  kind of government," the minister noted.

Galyan believes that Pashinyan did not mean by his statement that he  alone makes decisions, no matter how journalists try to prove it to  her. "I, a member of the government, we are a political force that  came to power, our words and thoughts, as well as our actions, should  be about one thing - this is what the Prime Minister meant," Galyan  assured.

Earlier, Armenian Prime Minister Nikol Pashinyan, touching upon the  fact that Armenia lost in the Arbitration Court in the ESA case of  businessman Samvel Karapetyan, said that the republic did not lose,  but won and this issue is closed and not subject to discussion. To  the remark that this is also evidenced by the statements of the  Office of International Legal Affairs, Pashinyan said: "No one can  have a position that contradicts mine. In general, if there are  people in the government whose position differs from mine, let them  write statements right now and leave the building. If not, I will  fire them myself." Let us recall that the head of the Tashir Group of  Companies Samvel Karapetyan and his family won an arbitration dispute  against the Armenian government in the case of nationalization of  ENA.

The case was heard by the Arbitration Institute of the Stockholm  Chamber of Commerce (SCC) on the basis of the Agreement between  Armenia and Cyprus on the Promotion and Reciprocal Protection of  Investments of January 18, 1995. The court ruled that Armenia is  obliged to refrain from applying the amendments recently adopted by  the parliament to the laws "On Energy" and "On the Public Services  Regulatory Authority", as well as from any further steps aimed at  seizing ENA assets.

However, the Armenian government has stated that the decision of the  Stockholm Arbitration Court will not be implemented. In a statement,  the Armenian Cabinet of Ministers, in particular, emphasizes: "While  respecting the interim measures applied by foreign arbitration  decisions, everyone should be guided by the legislation of the  Republic of Armenia and international treaties establishing the rules  and procedures for the recognition and enforcement of arbitration  decisions."