The Status of an Arbitrator: What the Law Requires of the Person
The arbitrator stands at the centre of an arbitral hearing: the parties entrust the resolution of their dispute to this person, and precisely for that reason the Georgian Law on Arbitration places the arbitrator’s status within a strict legal frame. The law allows as an arbitrator only a person who declares consent in writing, and at the same time it lays down prohibitions, a disclosure duty and rules on termination of mandate — all three designed to guarantee the arbitrator’s independence and impartiality.
It is important to realise that the law requires no certification or special registry for arbitrators: any suitable person who satisfies the law’s requirements may act as arbitrator. The party’s diligence — checking the candidate and fixing qualifications — therefore plays the decisive role.
The Duty to Provide Information and the Statutory Bars
The law obliges a person who is to be appointed arbitrator, before beginning the duties, to provide the parties and the arbitration, at their request, with written information about their education and experience of acting as arbitrator. This simple mechanism gives the party a means to assess the candidate before the hearing begins.
The catalogue of bars is equally clear. A person may not be appointed arbitrator where they are: a person with limited legal capacity or under guardianship, unless a court decision provides otherwise; a civil servant, a holder of a state-political or political office, or a public servant; a person convicted of a crime whose conviction has not been expunged or extinguished; or a person who acted as mediator in the same case or a case materially related to it. In appointing an arbitrator, the court or other institution must also consider the qualification requirements agreed by the parties, in order to secure an independent and impartial arbitrator.
Independence and Impartiality: the Continuing Duty of Disclosure
The grounds for challenging an arbitrator fall into two groups: a party may seek the challenge where the arbitrator does not meet the qualifications defined by the parties’ agreement, and/or where circumstances exist that may give rise to justified doubts as to the arbitrator’s independence and impartiality. At the same time, a party may challenge an arbitrator appointed by itself only on grounds that became known to it after the appointment — a rule that precludes strategic manipulation of one’s own candidate.
The duty of disclosure is continuous: a person who is to be appointed arbitrator, or an already appointed arbitrator, is obliged — from appointment and throughout the entire duration of the arbitration hearing — to immediately notify the parties and the arbitration of any circumstances that cast doubt on their independence and impartiality. In practice this means an arbitrator cannot conceal a circumstance that emerges while the dispute is running — for example, a new connection with a party or its representative: they must disclose it at once and leave the decision to the parties.
Termination of the Mandate and Its Control
A party has no right to unilaterally replace the arbitrator it appointed — this guarantee protects the arbitration from the will of one side. Where the arbitrator is unable to perform the duties or remains inactive for another reason, the mandate may terminate at the arbitrator’s own request or by agreement of the parties. Where no agreement is reached, a party may apply to the court within 30 days of filing the request for termination, and the court issues its decision within 14 days of acceptance of the application — finally, without appeal.
The law also clarifies that an arbitrator’s refusal to perform the duties, or a party’s consent to termination of the mandate, does not imply the existence or recognition of the grounds provided by law. A formal agreement therefore does not settle the qualification of the grounds — each case must be examined on its own substance.
Frequently Asked Questions
Answers to common questions about the arbitrator’s status and disclosure.
Must an arbitrator be certified or listed in a registry?
No. The law requires neither a certificate nor registry membership. What is decisive are the conditions of appointment: written consent, the qualifications agreed by the parties and the absence of the statutory bars.
What information must a candidate provide?
At the request of the parties and the arbitration — written information on their education and experience as arbitrator, before beginning the duties.
When may an arbitrator be challenged?
Where the arbitrator does not meet the qualifications fixed by the parties’ agreement and/or circumstances exist giving rise to justified doubts about independence and impartiality. One’s own appointed arbitrator may be challenged only on grounds learned after the appointment.
How is termination of mandate resolved in a disagreement?
Where no agreement is reached, a party applies to the court within 30 days of filing the request; the court decides within 14 days, finally.
How We Help on Legal.ge
The Legal.ge team helps parties examine arbitrator candidates: we process the disclosed information on qualifications and experience, establish whether any statutory bar applies, prepare challenge statements and assess circumstances from the standpoint of doubts about independence. If the status or impartiality of an arbitrator is in question in your hearing, contact us — we will review the situation and plan the steps.