GEORGIA Law and Practice Contributed by: Lasha Nodia, Giorgi Kekenadze and Ani Akophashvili, Nodia, Urumashvili and Partners
• freezing orders; • prohibition of disposal or transfer of assets; • measures aimed at maintaining or restoring the status quo; • orders securing evidence; and • orders requiring the provision of security of guaran - tees. As for emergency arbitrators, Georgian legislation does not provide any specific regulation in that regard. However, the law allows parties to regulate the use of interim relief via party agreement, thus leaving it up to the parties to ‒ via express or implied agreement (which may be provided under applicable arbitration rules) ‒ allow the use of emergency arbitrators. Fur - thermore, certain arbitration institutes in Georgia (such as the DRC and the GIAC) have adopted provisions regarding the emergency arbitrator in their arbitration rules. 6.3 Security for Costs The Law of Georgia on Arbitration provides wide discretionary powers to arbitrators. Moreover, party autonomy is widely recognised. Therefore, security for costs may be granted, provided that arbitration rules agreed by the parties grant such authority to the tribunal. The arbitration procedure in Georgia is governed by the Law of Georgia on Arbitration, which is mostly based on the UNCITRAL Model Law. It recognises party autonomy, allowing parties to choose ad hoc arbitration or to conduct arbitration under the chosen institutional arbitration rules, as well as opt for the application of any soft law desired by the parties. 7.2 Procedural Steps The Law of Georgia on Arbitration prescribes various stages of arbitral proceedings, such as filing an arbi - tration claim, composition of the tribunal, communi - cation between the parties, and conduct of arbitral proceedings, as well as the issuance of the award and its interpretation. However, in most cases, the law 7. Procedure 7.1 Governing Rules
provides broad party autonomy ‒ authorising parties to regulate the conduct of arbitral proceedings. 7.3 Powers and Duties of Arbitrators Under the Law of Georgia on Arbitration, the arbitra - tors are obliged to be impartial and independent and to make relevant disclosures upon gaining knowledge of the facts, which shall be disclosed to the parties. Furthermore, arbitrators ‒ under the applicable law ‒ have a duty to keep the acquired information confi - dential. 7.4 Legal Representatives There are no particular legal qualifications or other requirements specified by the Law of Georgia on Arbi - tration for legal representatives who appear in arbi - tration proceedings in Georgia. Therefore, such rep - resentatives may also have qualifications other than domestic ones. However, foreign representatives are deprived of a right to represent clients at appellate courts (in annul - ment of enforcement proceedings), unless they are members of the Georgian Bar or employees of the involved parties. 8. Evidence 8.1 Collection and Submission of Evidence The Law of Georgia on Arbitration does not explicitly regulate the the collection and submission of evidence at the pleading stage and at the hearing (eg, discov - ery, disclosure, privilege, use of witness statements, and cross-examination). The procedure for the sub - mission of evidence and the presentation of witness statements (and related procedures) can be agreed by the parties, either directly in the arbitration agreement or by reference to the applicable arbitration rules. The use of direct examinations or cross-examina - tions, and whether the process is more inquisitorial than adversarial, depends on the parties’ agreement and the applicable arbitration rules. Generally, under the Law of Georgia on Arbitration, arbitrators have the power to summon – and, if necessary, require the examination of ‒ the witness of any party or to use
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