Support further development of Alternative Dispute Resolution services and Specialised Courts in Azerbaijan
Context: Independent and effective justice systems are among the priorities of the EU as they are crucial to social and economic stability, creation of trust in state institutions and provision of legal certainty. The introduction of Alternative Dispute Resolution (ADR) mechanisms and reinforcing the capacity and skills of national practitioners on ADR mechanisms as a way to solve commercial and administrative disputes is intended to contribute to a faster and more satisfactory delivery justice to citizens and businesses in Azerbaijan. Specialisation of courts and judges as currently planned by the GoA as well as a better allocation of cases between the various levels of courts can lead to greater efficiency, uniformity of decisions and improved decision-making. Project objectives: The overall objective of this project is to "improve access to justice for citizens and business through assistance in delivering of improved services across the judicial system". It has two specific objectives: To strengthen the functional qualities of the newly established commercial and administrative judiciary by raising institutional and legal capacities of courts, improving legal proceedings and quality of judgments in line with the best European and international practices as well as enhancing professional capacities of judges and legal personnel of courts To enhance the use of Alternative Dispute Resolution mechanisms, such as mediation and arbitration Technical components: Project activities are split across four different components: Component 1: Improve institutional and legal frameworks of the commercial and administrative judiciaries. This component is designed to enhance effectiveness and efficiency of the commercial and administrative judiciary via improving institutional and legal frameworks of the courts as well as establishing the quality control over the justice and the work of the courts. Component 2: Enhance professional capacity of judges and legal personnel dealing with commercial and administrative disputes. This component is designed to strengthen capacity of the Justice Academy by setting a sound training system in the area of administrative and commercial legislation as well as designing and implement comprehensive capacity development activities on commercial and administrative legislation. Component 3: Support the implementation of mediation as an alternative form of dispute resolution in Azerbaijan. This component aims at the improvement of the capacities of 29 mediation trainers as well as training of at least 300 potential moderators through designing and implementing a comprehensive mentoring and training programme Component 4: Promote arbitration as an effective form of ADR. Considering that arbitration is the most formal alternative to litigation resolve disputes in both the private and public sectors, this component should focus on promotion of the arbitration as one of the effective mechanisms of ADR for disputes resolution by increasing awareness and practical knowledge of judges, Lawyers and other stakeholders.