Arbitration is a new concept in Georgia: during the Soviet era, in fact, all controversies were adjudicated, directly or indirectly, by the State. For this reason, after the fall of the URSS, Georgia found itself without a tradition in that field. In response, Parliament passed an Act in 1997 formalizing, for the first time, the right of Georgians to bring their disputes before private arbitrators. Owing to the inexperience of the Legislature, though, this statute was deemed wanting and it became necessary to amend it, which was done in 2010, when Georgia adopted the UNCITRAL model law. However, as it is often the case when a Country abandons its state of isolation and adopts an internationally-recognized model law, this Act has remained for the most part “law in books” so far. This article will analyze how and why this happened and what the future may have in store for arbitration in Georgia.
Is Georgia On Its Way Towards An Equitable Arbitration System?
A. Borroni
2023
Abstract
Arbitration is a new concept in Georgia: during the Soviet era, in fact, all controversies were adjudicated, directly or indirectly, by the State. For this reason, after the fall of the URSS, Georgia found itself without a tradition in that field. In response, Parliament passed an Act in 1997 formalizing, for the first time, the right of Georgians to bring their disputes before private arbitrators. Owing to the inexperience of the Legislature, though, this statute was deemed wanting and it became necessary to amend it, which was done in 2010, when Georgia adopted the UNCITRAL model law. However, as it is often the case when a Country abandons its state of isolation and adopts an internationally-recognized model law, this Act has remained for the most part “law in books” so far. This article will analyze how and why this happened and what the future may have in store for arbitration in Georgia.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


