There exist several key methods of dispute resolution in Mongolia. For instance, the court litigation, arbitration and mediation.
The conventional dispute resolution is court litigation, i.e., lawsuit in courts of Mongolia. The judicial system consists of the Supreme Court (in UB) as the highest court with a number of appellate (in UB and Aimags) and first instance courts (in UB and soum-level of Aimags). The Constitution of Mongolia also allows for the formation of specialized courts such as criminal, civil and administrative courts. Civil court procedure resolves civil law disputes, i.e., the disputes which arise between private parties (e.g., individuals and enterprises). Administrative court procedure resolves claims brought to it by private parties against state administrative (government) agencies or officials. Since Mongolia has adopted a civil law system of jurisprudence, judges are not obliged to follow legal precedents.
Alternative dispute resolution is an arbitration. Any commercial dispute that the parties agree to resolve by arbitration in accordance with is an arbitration dispute. An arbitration agreement must be in writing and may be made before or after a dispute arises. Most arbitration disputes in Mongolia are submitted to the Mongolian International and National Arbitration (MINAC). Another institutional (permanent) arbitration tribunal in Mongolia is the recently established arbitration tribunal under the Ulaanbaatar Chamber of Commerce. Ad hoc arbitration may be set up by the parties, but in practice has been rarely used in Mongolia. Both institutional and ad hoc arbitration has same rights in arbitration procedure.
Also we would like to note that the Mongolia became a member to the 1958 New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards.) in 1994. Thus, Mongolia recognizes and enforces the preliminary injunction decision and arbitration awards issued in the territory of another jurisdiction. In order to enforce an arbitral award, the award must be filed with the Mongolian first instance court.
The mediation system nationwide for civil, labour and family disputes. Specifically, mediation services are offered and handled through full-time mediators who are employed in first instance courts of Mongolia. The mediation can be used even after a court litigation or arbitration has commenced. It is furthermore possible to apply mediation during, and together with, arbitration proceedings.
Our lawyers have been representing clients both key methods of dispute resolution above in Mongolia. Our team represents clients from the pre-trial stage on development of litigation strategy, collection of evidences, preparation of claim, by advising on trial and evidentiary procedures, and provides comprehensive legal services to ensure the enforcement of our clients’ rights.
Our litigation practice is led by Uchralbayar. Also, our partner Enkhbat is an arbitrator of Shenzhen Court of International Arbitration.