Alternate Dispute Resolution Law at Georgia

In Georgia (the country), Alternative Dispute Resolution (ADR) mechanisms, including arbitration and mediation, are well-established and supported by a modern legal framework aligned with international standards.

Arbitration in Georgia

Arbitration in Georgia is governed by the Law on Arbitration, which was enacted in 2010 and amended in 2015. This law is modeled after the UNCITRAL Model Law on International Commercial Arbitration and is also in line with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It applies to both domestic and international disputes and allows for ad hoc arbitration, third-party funding, and direct court applications for interim measures before arbitration proceedings .(Global Arbitration Review, Chambers and Partners)

Arbitration awards are binding and can be enforced in Georgian courts. The grounds for setting aside an arbitration award are limited to specific circumstances, such as incapacity of a party, lack of proper notice, or if the award conflicts with public policy .(Matsne)

Mediation in Georgia

Mediation was formally introduced into Georgian law in 2019 through amendments to the Civil Procedure Code. This legislation allows for the enforcement of mediation agreements and settlement agreements resulting from mediation. Georgia is also a signatory to the Singapore Convention on Mediation, which facilitates the international enforcement of mediated settlement agreements .(Jus Mundi)

The Georgian Mediators Association plays a key role in promoting mediation as a profession, having developed a Code of Ethics for mediators. This professionalization aims to enhance the quality and credibility of mediation services in Georgia .(Jus Mundi)

ADR in Labor Disputes

ADR mechanisms are also utilized in labor disputes in Georgia. The Labor Code was amended in 2020 to include provisions for resolving individual and collective labor disputes through alternative means. This approach aims to address labor issues more efficiently and amicably .(Lawandworld)

Institutional Support

Georgia hosts several institutions that support ADR:

Georgian International Arbitration Centre (GIAC): Established in 2013, GIAC administers both domestic and international arbitrations and aims to position Georgia as a regional hub for arbitration .(Global Arbitration Review)

Dispute Resolution Center (DRC): Another institution providing arbitration services, contributing to the development of ADR practices in Georgia.

These institutions, along with the professional associations for mediators and arbitrators, ensure that ADR mechanisms are accessible and effectively implemented in Georgia.

 

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