Improvements in Judiciary System of Azerbaijan E-Court System with Installation of Business and Artificial Intelligence, Predictive Justice and KPIs Smarter Systems for Dispute Resolution Focus and Commitment – Tools of Success Alternative Dispute Resolution. Main Features 34 A Word From Executive Director of AmCham Issue 34 Dear members, Credits Welcome to another edition of IMPACT Azerbaijan magazine! In our aspiration to support the efforts of the Government on judicial-legal reforms agenda and stay engaged with AmCham Executive Director: its ongoing progress, we decided to dedicate this edition Natavan Mammadova to the “Improvements in Judiciary System of Azerbaijan”. As the largest business association in the country, we Editor: welcome the recent adoption of the Presidential Decree Aykhan Nasibli on Intensifying reforms in Judicial and Legal System and the Law on Mediation. Certainly, both play an important role in accelerating economic development and increasing Articles contributed by: investment attractiveness of the country. Hamad Buamim It is worth mentioning that many of the relevant provisions stipulated in the Decree Deniz Kite Guner were reflected within the White Paper, prepared by AmCham in 2018 and particularly Rashid Mammadov its young but ambitious Legal and Compliance Committee. We are pleased that Sevil Tahirova the addressed issues related to the establishment of an arbitration institute and Fuad Gashamov procedures, improvement of dispute resolution and judicial proceedings (including the enforcement of court rulings), increasing the number of patent agents and many Gumru Eyvazova others have found their gate for further development of the judicial-legal system in Narmin Laijova Azerbaijan. Ruhulla Rahimov We are proud to bring up a good practice of having annual AmCham Conferences Elnur Aliyev on “Ethics and Compliance in Azerbaijan”. Event contributes for raising awareness Sabit Bagirov among the business community about the role of consistent compliance with laws, Emin Hasanov regulations, professional standards and ethical business behavior for strengthening the business environment in the country. Our recent success was the Conference Ziya Qasimov on “Judicial Reforms in Azerbaijan: Public Discussion with AmCham” which Adil Aliyev brought together high-level officials from the Presidential Administration and the Husseyn Atakishiyev Ministry of Justice of Azerbaijan, as well as AmCham members and partners. As a transparent and open business-to-government event, it became a great platform for Advertisers: the representatives of the private sector to get updates on the judicial-legal reforms BP agenda in Azerbaijan. Azerfon To recapitulate, AmCham looks with great optimism at the ongoing reforms which reflect the commitment of the Government of Azerbaijan to create favorable legal Turkish Airlines mechanisms for the effective protection of rights of both local businesses and Gulfstream Distribution foreign investors. Iteca Caspian Best regards, Publisher: Natavan Mammadova American Chamber of Commerce in Azerbaijan Editor’s Comment Dear friends, dear members. Tel: (+994 12) 497 13 33 Welcome to the next edition of IMPACT Azerbaijan magazine! Fax: (+994 12) 497 10 91 Judiciary reforms are very important for improvement www.amcham.az of business climate of the country. These reforms are www.impact.az directly affecting the ranking of Azerbaijan positively in “Doing Business” and other global reports. At the same time, all these changes are leading to a new stage in Advertising opportunities: country’s business conditions and development, as well as Please contact the Editor at facilitating entrepreneurs’ access to the courts. Even more, [email protected] they strengthen effective protection of rights of both local businesses and foreign investors which will also accelerate The articles in IMPACT Azerbaijan the economic development of Azerbaijan. express the opinions of the authors and Within this edition you will be able to read interesting interviews and articles from AmCham members and experts. Also, using this opportunity I would like to thank for do not necessarily reflect the position of our advertisers – Azerfon, Turkish Airlines, BP and Gulfstream Distribution. the American Chamber of Commerce in Azerbaijan Enjoy reading! Sincerely, Aykhan Nasibli contents IN FOCUS 4 18 E-Court System with Installation of Resolution of Commercial Business and Artificial Intelligence, Disputes in Azerbaijan Predictive Justice and KPIs Special Interview with Dr. Ramin Gurbanov Gumru Eyvazova President of the European Commission Senior Legal Associate, GRATA International Azerbaijan for the Efficiency of Justice (CEPEJ) 19 7 Specialisation in Judicial System Smarter Systems for Dispute Resolution Narmin Laijova, Legal consultant, BDO Azerbaijan Hamad Buamim Ruhulla Rahimov, Legal consultant, BDO Azerbaijan President & CEO, Dubai Chamber of Commerce 21 Chairman, ICC World Chambers Federation 10 Key Questions About Mediation in Azerbaijan 9 Mediation and its Benefits for Business Elnur Aliyev Senior associate, BHM Law Firm Rashid Mammadov MEMBER CONTRIBUTION Legal and Policy Officer, AmCham Azerbaijan 25 Convergence of the Business 12 Empowering Societies Through Climate in the EaP Countries Negotiation Sabit Bagirov President, Entrepreneurship Development Foundation Deniz Kite Guner Founder, Global Mediators & Negotiators 28 Focus and Commitment – 13 Tools of Success Alternative Dispute Resolution. Main Features Emin Hasanov, Solution Division Manager Ziya Qasimov, Volume Distribution Division Manager Sevil Tahirova Adil Aliyev, CEO, Gulfstream Distribution Senior Lawyer, Nobel Oil Services OUR PROUDS 15 30 Litigation Process in Azerbaijan - I Keep Learning and Developing In the Light of Recent Judicial Myself in My Own Field Reforms Fuad Gashamov Husseyn Atakishiyev Senior Legal Manager, Ekvita General Manager, Six Senses Kaplankaya 2 Issue 34 DISCOVER MORE: EUROPE FINLAND NORWAY IRELAND SWEDEN ESTONIA RUSSIA UK DENMARK LATVIA NETHERLAND LITHUANIA BELGIUM GERMANY BELARUS POLAND FRANCE SLOVAKIA UKRAINE SWITZERLAND CZECHIA MOLDAVIA SPAIN SERBIA AUSTRIA PORTUGAL HUNGARY ROMANIA SLOVENIA CROATIA BOSNIA-HERZEGOVINA MONTENEGRO KOSOVO ITALY MACEDONIA ALBANIA BULGARIA GREECE TURKEY MALTA CYPRUS in focus E-Court System with Installation of Business and Artificial Intelligence, Predictive Justice and KPIs Special Interview with Dr. Ramin Gurbanov President of the European Commission for the Efficiency of Justice (CEPEJ) idea of the creators reducing the load of the latter should be achieved by improving the efficiency and the quality of the judiciary in the Member States, and the offset of the load on litigation from the supranational to the national level”. For more than 15 years, CEPEJ has been actively engaged in promoting and supporting improvements in the efficiency and quality of justice in Europe. During these years, we have developed a wide range of tools for use by court presidents, senior justice officials and stakeholders in the field of evaluation of judicial systems, quality of justice and judicial timeframes, as well as mediation and enforcement of court decisions. In recent years, in parallel with the evaluation of the judicial systems, the other priority is to provide assistance to member states in proper implementation of the framework of principles that can guide policy makers, legislators and justice professionals in addressing the rapid development of Artificial Intelligence in national judicial processes. With my chairmanship, CEPEJ’s 32nd Plenary Meeting was held recently with the participation of international and european organizations. For the first time, President of the European Court of Human Rights, and other 10 judges of For the first time, as an Azerbaijani you have been this Court were invited to the meeting and took an active part elected to such an important international position - the in the discussions. Improving the efficiency and the quality President of the European Commission for the Efficiency of the judiciary in the Member States, and further proper of Justice (CEPEJ). How can you comment on activities implementation of the CEPEJ tools in national systems of the organization and its impact on judicial reforms were discussed during the meeting. It was stressed out the carried out in the Member States of the Council of necessity of strengthening the co-operation and providing Europe? the references to the CEPEJ guidelines, charters and other I think our readers will be interested to get information about instruments by the judges of the European Court. this institution of the Council of Europe. The European It has to be mentioned that, CEPEJ cooperates with the Commission for the Efficiency of Justice (acronym CEPEJ) Member States in different fields of justice. For example, was established as an analytical, advisory and monitoring the Commission implements the improvement of justice institution of the Council of Europe, specialized in promoting in Azerbaijan, Georgia, Armenia, Spain, Moldova, Turkey, justice in Europe and assistance to the 47 Member States Albania, etc. CEPEJ has contributed to the legal system of in improving the administration of justice and bringing their Azerbaijan and had a direct impact on increasing the number judiciary up to the standards and norms of the Council of judges, creating new courts, drafting the judges’ selection of Europe. The establishment of the CEPEJ “was due to procedures and its evaluation as a positive international excessive workload