Admiralty (Maritime) Disputes under the Georgian Code
In English-language practice the notion of an "admiralty court" denotes a separate court system — a non-Georgian institution. In Georgia, maritime disputes are heard in ordinary Georgian courts under the rules of the Maritime Code, and the procedure is compact: the choice of jurisdiction by agreement (Article 25), the arrest of a ship as the security instrument (Article 83-1), and the marine protest by a notarised declaration within a 24-hour window (Articles 357 and 358). This page explains these three instruments.
Jurisdiction by Agreement — Article 25
A property dispute connected with navigation in which natural or legal persons of foreign countries participate may, by agreement of the parties, be referred for consideration to a foreign court or arbitration. The Code thus places international maritime disputes in the parties' hands: where a jurisdiction clause is written into the contract, the case is heard there — and absent such a clause the general rules apply. The strategic question is asked already at the drafting stage: which forum will be more effective for the particular ship and freight. The selection of the forum therefore happens at the contract stage, not at the moment of conflict.
Arrest of a Ship — Article 83-1
A ship is arrested only to secure a maritime claim. A maritime claim derives from the ownership of the ship and other property relations arising in the course of the ship's construction, management, operation, commercial use, mortgage or the conduct of rescue operations. Arrest and release of a ship are effected only by a court, in accordance with Georgia's civil procedure legislation — the practical route therefore begins with an application to secure the claim. A special rule protects the state: a ship in the state ownership of Georgia may be arrested and penalized only with the consent of the Government of Georgia.
The Marine Protest — Articles 357 and 358
In evidentiary terms the central instrument is the marine protest. A declaration of marine protest must be submitted for registration: in a Georgian port unit — with the agency by a notarially certified procedure; and in a foreign port — to a consular officer of Georgia or a locally competent person in accordance with that country's legislation. The deadline is strict: in a Georgian port unit the declaration is made within 24 hours of the ship's entry; and where the event necessitating the declaration occurred in the port unit itself — within 24 hours of that event. The term is categorical, and its breach is not treated as a mere formality.
The function of the marine protest is the fixation of disputed facts — an accident, damage, the condition of cargo — timely and in formalized form. A missed deadline can no longer be restored: the 24 hours from the ship's entry are the window whose omission weakens the evidentiary position and decides the outcome of the dispute. The protest is thus evidence law in miniature, and its drafting follows strict logic.
In practical terms all three instruments fit into one logic: first the forum is sought — the contract's jurisdiction clause determines where the dispute will go; then the position is protected by security — the arrest of the ship gives the claimant's demand a real foundation, since the ship itself is the asset whose securing guarantees enforcement of the decision; and finally the facts are gathered — the marine protest fixes the events that will become evidence in court. Breaking the sequence — for instance, missing the protest after obtaining security — leaves the process incomplete. A late protest can no longer substitute for the missing evidence.
Frequently Asked Questions
Below we answer the questions most frequently raised about maritime disputes. The answers gather the norms above into a practical perspective for the shipowner and the cargo interest alike.
Is there a separate admiralty court in Georgia?
No — maritime disputes are heard in ordinary Georgian courts under the Maritime Code; a separate admiralty system is a foreign institution.
Can a dispute be referred to a foreign court?
Yes — in a property dispute involving foreign persons, the case may by agreement be referred to a foreign court or arbitration.
When is a ship arrested?
Only to secure a maritime claim and only by a court; for a state-owned ship the Government's consent is required. This additional consent layer must be planned before any application is filed.
Within what time is the marine protest made?
In a port unit — within 24 hours of the ship's entry; and where the event occurred there — within 24 hours of its occurrence.
How We Help on Legal.ge
Victory in a maritime dispute rests on timely steps: the jurisdiction clause, the security and the protest within the first 24-hour window. The specialists at Legal.ge will explain Articles 25, 83-1, 357 and 358, help you prepare the claim and the security application, and formalize the marine protest. Contact us through the Legal.ge form.