Professional Documents
Culture Documents
Supreme Court
Court of Appeal (2) District (city) courts (22)
Art. 14. Magistrates court is part of first instance court, magistrates hear cases alone. a) Not more than 3000 Litas b) family disputes Generally the fee for the case is 3%, but there are exemptions. The court should hear case during 2 month, for especially difficult categories of cases these period can be prolonged till 5 month.
Appeal court
The judgment can be appealed if the object of dispute worth more than 1500 litas. Terms of appeal judgment should be appealed after 14 days, from the date that judgment was known for the party. First instance court will send whole case to appeal court during 5 days
Supreme court
Proceeding period in Supreme court cannot be more than 6 month. Grounds for Supreme Court claim 1. It only can be based on argument that judgment was made by violating the law. a) Violation of norms is considered: Did not use the law, that should have been used; Used the law that should not have been used; Wrong interpretation of the law. 3. This kind of violation can only be appealed if it lead to wrong judgment.
Arbitration in Georgia
Definiton A form of alternative dispute resolution (ADR), technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more impartial referees(the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.
Advantages
Legal basis
The law of Georgia on Private Arbitrage
passed and enacted in 1997 April 17
International instrument-New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958
Arbitration agreement
An agreement by which parties agree to submit future disputes arisen from contractual or other type of legal relationships to the arbitration Prerequisite for arbitration proceedings Mandatory written form Can be independent from the contract concluded between parties or enshrined within the contract in the form of arbitration clause
Arbitral award
Shall be rendered within 180 days of the commencement of arbitral proceedings unless otherwise agreed by the parties; In case of necessity the time period for rendering award can be prolonged not more than 180 days by an arbiter(arbiters) Binding force upon parties Mandatory written form and requirement to be signed by the arbiters; indication of time and place of rendering Shall contain argumentation indicating grounds upon which the arbiter based his decision Shall come into force upon rendering
According to New York Convention Article 2 the subject matter of the difference is not capable of settlement by arbitration under the law of that country the recognition or enforcement of the award would be contrary to the public policy of that country
Mediation in Georgia
1)court mediation 2)notary mediation
3)Medical mediation
4)Mediation based on the agreement of the parties of a dispute
Court Mediation
Court mediation in Georgia is regulated by Georgian code on civil proceedings. According to the article 187 of the civil proceeding a dispute can be addressed to mediator (natural or legal person) with a aim of finishing it with consensus.
Disputes heard by mediator: a) Family law disputes (except for adoption, adoption declared invalid, restriction of parental rights and seizure of parental rights); b) Succession and inheritance related legal disputes; c) Neighborhood legal disputes; d) Any other disputes unless the laws of Georgia define a special procedure for mediation in such disputes.
If party fails to attend mediation meeting without pardonable reason he will be fined with 150 GEL (280 litas) and will be obliged to cover all the expenses of a trial. This rule is not applicable if parties end litigation with conciliation.
Ending mediation
If the parties will finish dispute with consensus through mediation court will render ruling about consolation and the ruling is final and binding. If the parties fail to reach agreement through period of the time defined by law a dispute will be heard by court.
Duty of confidentiality
Mediation proceeding is confidential; mediator is not allowed to disclose any information that became available for him while performing his professional functions, unless otherwise provided by agreement between parties. Same rule is applicable to the parties of mediation
Notary Mediation
1. A notary may be a mediator between the contending parties in:
a) Family law disputes (except for adoption, adoption declared invalid, restriction of parental rights and seizure of parental rights); b) Succession and inheritance related legal disputes; c) Neighborhood legal disputes; d) Any other disputes unless the laws of Georgia define a special procedure for mediation in such disputes.
Notary Mediation
Mediation with the participation of a notary may be carried out with the consent of contending parties. If in the process of mediation the dispute ends with agreement between parties, a notary draws up a deed of agreement to be certified notarially. If any party fails to fulfill the obligations under a deed of agreement drawn up within the scope of notary mediation, enforcement shall be carried out on the basis of a writ of execution issued by a notary in the manner prescribed by the Law of Georgia on Enforcement Proceedings.
Medical mediation
Parties of the mediation 1) Provider of medical service 2) Insurance company 3) Consumer
They also can agree whether decision of mediator will be binding or not.
In Georgia there is no law regulating such mediation. In difference with arbitration, parties agreement about mediation as a method of the resolution of dispute does not exclude opportunity to file claim in court.