About this service
Disputes arising from digital assets — relations with exchange platforms, transfers of tokens, performance of digital contracts — rest by their nature on a technical reality unfamiliar to many courts, and this is precisely why arbitration often offers a more flexible format here. Articles 2, 8, 32 and 35 of the Georgian Law on Arbitration assemble exactly the rules a digital dispute needs: the operation of electronic notices, the electronic satisfaction of the written form, a documents-only format of examination, and court assistance in obtaining evidence. Our service helps parties to crypto disputes apply this mechanism.
Electronic notices and the form of the arbitration agreement
Article 2 defines the electronic notice directly: it is any notice the parties transmit as an information notice — information prepared, sent, received or stored by electronic, magnetic, optical or similar means. Article 8 connects this definition to the rules of form: an arbitration agreement — an agreement by which the parties undertake to submit to arbitration all or certain disputes that have arisen or may arise between them out of a contractual or other legal relationship — must be concluded in written form. The written-form requirement is satisfied by an electronic notice where the information in the notice is accessible for its subsequent use. The agreement is also deemed concluded in writing through the exchange of an arbitral claim and a statement of defence, and a reference in a contract to a document containing an arbitration clause constitutes a written agreement as well. A distinction matters: where a party is a natural person or an administrative body, the agreement must be concluded in written form and the relaxed forms do not apply; and where both parties are natural persons, the agreement must also be signed by the parties' advocates or be notarised.
The form of examination: documents or an oral hearing
Article 32 offers a particularly suitable option for a digital dispute: where the form is not determined by the parties' agreement, the arbitration may conduct an oral examination of the evidence presented or examine the case solely on the basis of documents and other evidence — meaning the process can rest entirely on documents. At the request of either party, the arbitration is obliged to conduct an oral examination at any stage, except where the parties have waived an oral hearing. The parties must be notified in advance, within a reasonable time, of every session and hearing of the arbitration; every statement or document submitted to the arbitration by one party must be sent immediately to the other party. Unless the law or the parties' agreement provides otherwise, all examinations are closed, and the arbitrator and every participant in the proceedings are obliged to protect the confidentiality of information received during the examination.
Evidence and court assistance
Article 35 provides the decisive instrument for digital investigations. Verifying the admissibility of any evidence and assessing evidence fall within the competence of the arbitration. Unless the parties' agreement provides otherwise, the arbitration may at any stage request a party to submit to the other party any document or piece of material evidence connected with the case, summon a witness and use the testimony during the examination. Where blockchain records or platform documentation exceed a party's reach, the arbitration, or a party with the arbitration's consent, may request the court's assistance in obtaining evidence at any stage; the arbitration may apply to the court to secure a witness's attendance. Article 2 also determines the forum for this assistance: for evidence-related matters, competence belongs to the district (city) court in whose territory the arbitral examination was conducted, is being conducted or is to be conducted.
Frequently asked questions
These are the questions parties raise most often about taking a crypto dispute to arbitration, and the answers flow from the rules of the digital process.
Is an arbitration agreement concluded electronically valid?
Yes — the written-form requirement is satisfied by an electronic notice where the information in the notice is accessible for subsequent use. In addition, the agreement is deemed concluded in writing through the exchange of the claim and the statement of defence.
What if the other party cannot preserve digital communications?
The rule is simple: every statement and document one party submits to the arbitration must be sent immediately to the other party, and notices of sessions must be delivered in advance within a reasonable time — this stands at the foundation of the process.
Can the case be examined without an oral hearing?
Yes — where the form is not determined by agreement, the arbitration may examine the case solely on the basis of documents and other evidence; but at one party's request an oral examination is mandatory, unless the parties have waived it.
How can platform or third-party data be obtained?
The arbitration, or a party with the arbitration's consent, may request the court's assistance in obtaining evidence at any stage; the rights and duties of a witness summoned by the court are determined by the civil procedure legislation.
How We Help on Legal.ge
We will assess your crypto dispute and determine whether the arbitration agreement is valid and which form requirements apply to it; prepare the claim and the evidentiary system — taking into account transaction records, correspondence and platform documentation; use the documents-only option or request an oral hearing depending on strategy; and, where necessary, seek the court's assistance in obtaining evidence. Contact us and receive a plan for your digital-asset dispute.