Choosing the forum before the dispute chooses it for you
The governing law of a contract, the legal seat of arbitration and the location of a hearing are three separate decisions. Georgian law may govern a supply contract even when the arbitration is seated abroad. Conversely, an arbitration seated in Tbilisi may concern a contract governed by foreign law. The seat determines which courts supervise the proceedings, while the governing law generally determines the parties’ contractual rights. The hearing location can simply be a practical choice.
We draft and review arbitration agreements with the contract’s commercial purpose in view. An institutional clause should identify the institution and rules accurately. A contract suite should address related parties, multiple agreements, the language of proceedings and any escalation or notice requirements. For construction or financing transactions, the question is whether the main agreement, guarantee and security documents can produce compatible decisions if the same facts are disputed.
Commercial arbitration and court proceedings in Georgia
Our arbitration lawyers in Tbilisi prepare claims, responses, jurisdictional objections and submissions on liability and damages. We organise the documents and witness evidence around the issues the tribunal will actually decide. In a disputed engineering contract, for example, the notice of variation, instruction to proceed and project records may carry more weight than a long exchange of legal correspondence.
Georgian courts may also be involved when one party challenges the arbitration agreement, requests a court measure or seeks recognition of an award. Where the dispute belongs in court, our civil and commercial litigation lawyers handle proceedings in the Georgian courts. We examine whether related claims, guarantors or assets require work in both forums and whether a negotiated resolution can be documented and enforced.
Interim relief and asset preservation
If a counterparty is disposing of assets or a project is about to be interrupted, waiting for the final award can reduce the value of a successful claim. An interim application needs an identifiable asset or action, a clear legal basis and evidence explaining the urgency. The choice between a tribunal application and a court application depends on the available powers, timing, seat and place where the measure must have effect.
Send the material that explains the immediate risk, including a notice of termination, evidence of the planned transfer or the latest property or company information. A signed contract and a credible claim are only part of the assessment. The application should show why the requested measure is justified now.
Recognition and enforcement of arbitral awards in Georgia
Georgia distinguishes between awards made in its territory and awards made abroad. Applications concerning domestic awards go to the competent court of appeal. The Supreme Court of Georgia hears applications to recognise and enforce awards made outside Georgia. A foreign award application requires attention to the award, the arbitration agreement and certified Georgian translations where the documents are in another language.
Recognition proceedings have limited grounds for refusal. A challenge may concern the arbitration agreement, notice, the tribunal’s authority, arbitrability or public policy. We review the procedural record as well as the award. Once recognition is obtained, debt recovery and enforcement depend on identifying the debtor, the assets available and any competing claims. Those checks can begin while the recognition application is being prepared.
What to send our Tbilisi arbitration team
Send the signed agreement and amendments, the arbitration clause, the latest notices and a short chronology. If a claim or award already exists, identify the seat, the tribunal or court, the parties and the date you received the relevant document. For an urgent application, include the deadline and the asset or activity you want to preserve. Contact Lawyers.ge to discuss the steps available in Georgia and how they fit into the wider dispute.
Speak to an arbitration lawyer