---
title: "Domestic Arbitration"
url: "https://legal.ge/en/service/dispute-resolution-and-litigation-en/domestic-arbitration-en"
field: "Dispute Resolution & Litigation"
description: "Domestic arbitration: the form of the agreement, competence over competence, the award within 180 days and its enforcement. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-11-08"
publisher: "legal.ge"
---

# Domestic Arbitration

> Source: legal.ge, https://legal.ge/en/service/dispute-resolution-and-litigation-en/domestic-arbitration-en

## The Concept and Form of the Arbitration Agreement

Domestic arbitration in Georgia is governed by the Law of Georgia on Arbitration, and the gateway to these proceedings is the arbitration agreement. Under Article 8, an arbitration agreement is an agreement by which the parties agree to submit to arbitration all or certain disputes which have arisen or may arise between them out of a contractual or other legal relationship. It is made in the form of an arbitration clause in a contract or a separate agreement, and requires written form.

The requirement of writing is satisfied by modern means too: the agreement is deemed made in writing if its content is recorded in any form; the requirement is met by an electronic message where the information in it is accessible for subsequent use; likewise by the exchange of claim and defense recognizing the agreement, or by a reference in a contract to a document containing an arbitration clause. Special care is needed in two cases: where a party is a natural person or an administrative organ, the agreement must be made in classical written form only; and where both parties are natural persons, the agreement must also be signed by their advocates or be notarized.

## Competence over Competence

Under Article 16, the arbitral tribunal is empowered to rule on its own jurisdiction, including the determination of the existence or validity of the arbitration agreement. An arbitration clause that forms part of a contract is independent of the other conditions of the contract: a declaration that the contract is null and void does not entail the invalidity of the arbitration clause — this principle of separability detaches the fate of the dispute from the fate of the contract.

The deadlines for raising objections to jurisdiction are also defined: a plea that the tribunal does not have jurisdiction must be raised before the submission of the statement of defense; a plea that the tribunal is exceeding the scope of its authority — within 7 days of learning of the relevant circumstance. Where the tribunal, before the final award, determines that it has jurisdiction, any party may challenge that decision in court within 30 days of receiving notice, and the court issues a reasoned ruling within 14 days of accepting the application — that ruling is final and not subject to appeal; meanwhile the arbitral proceedings may continue.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/dispute-resolution-and-litigation-en/domestic-arbitration-en

### What form does an arbitration agreement need?

Written — with the content recorded in any form, electronic included; between two natural persons, advocates' signatures or notarization are also needed (Article 8).

### Is the agreement tied to the contract?

No — the clause is separable, and the contract's nullity does not invalidate it (Article 16).

### When is the award rendered?

Within 180 days, extendable by up to another 180 days (Article 39).

### How is the award enforced?

It is mandatory and enforced by a court ruling; setting aside is possible only in court on closed grounds (Articles 42, 44).
