Interim (security) measures in arbitration are the instrument that preserves the value of an enforceable award: until the arbitration issues its final decision, assets, evidence or the existing state of affairs must remain protected. The Georgian Law on Arbitration regulates this field with Articles 17 through 23, and two blocks stand out within it: measures applied by the arbitration itself and measures applied by the court in support of the arbitration. On this page we explain the full chain of these norms — from the application and its conditions to enforcement through the court and the grounds for refusal.
The Application of Measures by the Arbitration (Article 17)
Under the first paragraph of Article 17, before the commencement of the arbitral proceedings or at any stage of the proceedings, prior to the rendering of the final arbitral award, a party may apply to the arbitration by motion for the application of interim measures in respect of the arbitral claim, provided this does not contradict the arbitration agreement. On the basis of the party’s application, by a written decision and within a reasonable time, the arbitration may order the party to maintain or restore the original state of affairs until the final award; to take measures connected with preventing harm to the other party or to the arbitral proceedings; to carry out measures to preserve the assets against which the subsequent award will be enforced; or to keep and preserve evidence that may be relevant to the dispute and its resolution.