Recognition and Enforcement of Foreign Arbitral Award - Georgian Legal Framework in the Prism of Global Context
Keywords:
Alternative dispute resolution, arbitration, foreign arbitral award, recognition and enforcement of foreign arbitral award.Abstract
One of the core factors in the attractiveness of arbitration as an alternative means of dispute resolution is the enforceability of the arbitral award regardless of the country in which it is issued.
In addition, a foreign arbitral award is subject to recognition and enforcement without any change in its content, which creates additional comfort for the parties to make an arbitral award in a legal environment they prefer, using the desired procedural rules and substantive law norms, and subsequently enforce it in another country.
Based on the above, the existence of an effective mechanism for the recognition and enforcement of a foreign arbitral award is one of the key components of the effectiveness of an alternative means of dispute resolution and of a means of dispute resolution in general, and creates an appropriate legal environment for the protection of the rights of the parties to the dispute.
The Georgian model of arbitration, and, among other things, the not-so-long history of the procedure for the recognition and enforcement of foreign arbitral awards, dates back only two decades, and during this period several legislative reforms were implemented, which fundamentally changed the previously existing system. Accordingly, there are certain questions regarding the optimality of the procedure for the recognition and enforcement of foreign arbitral awards and the established Georgian judicial practice in terms of the challenges that arise in international business-legal relations when it comes to the need to enforce foreign arbitral awards, and Georgia is precisely such a state where investors from different countries actively conduct business-legal relations.
Within the framework of this article, the effectiveness of the mechanism for the recognition and enforcement of foreign arbitral awards in Georgia will be assessed, taking into account relevant international experience and case law, in order to assess the extent to which it meets international standards and the characteristics of the modern business legal environment
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