Working with evidence is the decisive part of arbitral proceedings. The Law of Georgia on Arbitration regulates this field through several provisions: Article 30 defines the content of the claim and the statement of defense, Article 32 — the form of the hearing and confidentiality, Article 33 — the consequences of a party's non-appearance, Article 34 — the appointment of experts, and Article 35 — the assessment of evidence and court assistance. Each of these provisions is examined below.
The Arbitral Claim and the Statement of Defense — the Written Positions
Under Article 30, within the period agreed by the parties or determined by the tribunal, the claimant must submit in writing an arbitral claim indicating the names and addresses of the parties, the demand, the circumstances and evidence supporting the demand, and a list of the attached documents. The respondent submits a statement of defense on the facts and circumstances indicated in the claim. The parties may submit together with the claim or the defense any document related to the case, or indicate the documents and other evidence they will submit later. During the proceedings a party may amend its claims or the defense, or present additional claims, unless the tribunal considers this a delay of the proceedings.
Form of the Hearing — Oral Examination or Documents Only
Article 32 provides that where the parties have not determined the form of the hearing, the tribunal may conduct an oral examination of the evidence presented or examine the case on the basis of documents and other evidence only. At the request of either party the tribunal is obliged to hold an oral hearing at any stage of the proceedings, except where the parties have waived an oral hearing. The parties must be given notice of each session in advance, within a reasonable time; every submission, document or other information submitted to the tribunal by one party must be immediately communicated to the other party, and every expert conclusion or other evidence on which the tribunal may base its decision must be presented to the parties.
Closed Hearings and Confidentiality
Unless otherwise provided by law or by the parties' agreement, all arbitral hearings are closed. A submitted document, item of evidence, written or oral statement must not be published publicly, or transferred and used in other court or administrative proceedings. The arbitrator and any participant in the proceedings is obliged to protect the confidentiality of the information received during the hearing — one of arbitration's principal advantages compared with public court proceedings.
Non-Appearance of a Party and Expert Evidence
Article 33 regulates what happens where a party, without a valid reason, fails to appear at the hearing or does not present its position and evidence: the tribunal may continue the examination of the case and render a decision on the basis of the evidence available to it. Expert questions are governed by Article 34: the tribunal has the right to appoint one or several experts for conclusions on specific questions it determines, and to require the parties to give the expert information related to the case or access for inspection. After the expert submits an oral or written conclusion, the expert may be summoned to participate in an oral hearing at a party's request or on the tribunal's own initiative; the parties have the right to put questions to the expert and to summon other experts. The challenge or recusal of an expert follows the procedure established by the law for the challenge of an arbitrator.
Assessment of Evidence and Court Assistance
Article 35 assigns to the tribunal the competence to verify the admissibility of any evidence and to assess it. The tribunal may, at any stage of the proceedings, require a party to submit to the other party any document or item of evidence related to the case, summon any party's witness, or request the witness's examination before the hearing begins and use the testimony during the hearing. Where obtaining evidence is beyond the reach of the tribunal or a party, the tribunal, or a party with the tribunal's consent, may request court assistance in obtaining evidence at any stage — including securing a witness's attendance. The rights and duties of a witness summoned by the court are determined by the Civil Procedure Code of Georgia.
Frequently Asked Questions
The following questions about evidence in arbitration arise most often.
What must an arbitral claim contain?
The names and addresses of the parties, the demand, the circumstances and evidence supporting it, and a list of attached documents. Where the claim is submitted in breach of the form established by Article 30, the arbitral proceedings will not begin.
May the case be examined on documents only?
Yes — where the form is not determined by the parties' agreement, the tribunal may examine the case on the basis of documents; at a party's request an oral hearing is mandatory, unless the parties have waived an oral hearing.
What happens if a party does not appear at the hearing?
On non-appearance without a valid reason, the tribunal continues the examination and renders its decision on the basis of the evidence available to it, unless otherwise agreed by the parties.
How is an expert appointed in arbitration?
The tribunal may appoint one or several experts on specific questions and require the parties to provide information; after the conclusion the expert may be summoned to an oral hearing, and the parties may put questions to the expert.
How We Help on Legal.ge
The legal team of Legal.ge will help you prepare the arbitral claim and the statement of defense, systematise evidence, request an expert examination and use court assistance in obtaining evidence. Contact us on Legal.ge for a consultation.