About this service
The strength of arbitration — the parties' control over the process — becomes real when a party knows that it determines the rules itself and that the regime of time limits and notices is part of its position. Articles 24, 26, 27, 29 and 31 of the Law on Arbitration assemble exactly this operational framework: who sets the procedure, when the proceedings commence, when a notice is deemed received, in what language the process runs, and when the right to object is lost. Our service helps parties apply this framework correctly.
Determining the procedure and commencement of proceedings
Article 24 begins at the foundation: the procedure of the arbitral examination is determined by the parties, in compliance with the law's requirements; where no agreement exists between the parties, the dispute is examined under the procedure determined by the arbitration, again in compliance with the law. This means the procedural design lies in the parties' hands, and the law sets only inviolable boundaries. Article 26 then defines the starting point: the examination of an arbitral dispute commences on the day the respondent receives the notice of the referral of the dispute to arbitration, unless the parties' agreement provides otherwise — this moment is subsequently used for computing every time limit.
Notices: when a notice is deemed received
Article 27 builds the notice regime: unless the parties' agreement provides otherwise, a written notice is deemed received if it was delivered to the addressee personally or at their legal address, place of residence or last place of work. Where determining such a place is impossible, the notice is deemed delivered if it was sent to the addressee's last known legal address, residence or workplace by registered letter or by another means that confirms the attempt to deliver and hand over the notice. The practical conclusion is clear: a party's contact details must be kept up to date and correspondence recorded — otherwise the notice will be deemed received regardless of whether it was actually read. In international exchanges this rule works doubly: addresses change often, and every dispatch must be confirmable.
Language and translation
Article 29 builds the language regime: the parties may determine the language or languages of the arbitral proceedings; absent agreement, the language is determined by the arbitration, with due consideration of all relevant circumstances, including the language of the contract. The parties' agreement or the arbitration's decision on language applies to any written statement of the parties, oral hearings, the final award, orders and any other document used in the proceedings. The arbitration may decide that any documentary evidence must be accompanied by a translation into the language of the proceedings — in disputes of an international character this is also a matter of budgeting costs.
Waiver of the right to object: silence as concession
Article 31 sets procedural discipline: where a requirement of the law from which the parties may derogate, or a requirement of the arbitration agreement, has been violated and a party continues to participate in the proceedings without submitting its written objection immediately or within the prescribed period, that party is deemed to have waived its right to object. This rule is deliberately strict: arbitration is a fast format, and the law compels a party to protest a violation immediately and in writing — otherwise the right to object is lost. Therefore, in the plan for managing the proceedings, a calendar of written reactions is as important as the substantive claim position.
Frequently asked questions
These are the questions parties raise most often about managing arbitral proceedings, and the answers come directly from the statutory text.
Who determines the procedure of the examination?
The parties, in compliance with the law; absent agreement, the arbitration itself determines the procedure, still within the law's boundaries. Stipulating the procedure in the arbitration agreement in advance gives a party control over the process.
When does the examination of an arbitral dispute commence?
On the day the respondent receives the notice of the referral of the dispute to arbitration, unless the parties' agreement provides otherwise.
To which address is a notice sent?
Besides personal delivery — to the legal address, place of residence or last place of work; where determining the place is impossible — by registered letter to the last known address or by another means confirming the attempt at delivery.
How is the loss of the right to object avoided?
By submitting a written objection immediately or within the prescribed period; continued participation without a timely written protest is deemed a waiver of the right to object.
How We Help on Legal.ge
We help you incorporate procedural rules into the arbitration agreement so that your position matches the nature of the dispute; represent you in the proceedings and monitor the notice regime and time limits; plan the language regime and translation costs; and ensure timely written reactions to every violation, so that you do not lose the right to object. Contact us and receive a concrete plan for managing the process.