What a Pathological Clause Is and Why the Question Arises
A pathological arbitration clause is one drafted defectively — for example, it prescribes an unclear mechanism for appointing arbitrators or names an institution that does not exist. The Law of Georgia on Arbitration answers such situations with dedicated mechanisms: Article 6 establishes the independence of arbitration and the prohibition of court intervention, Article 16 empowers the tribunal to rule on its own jurisdiction, and Article 24 fills procedural gaps. These three provisions are examined in detail below, together with the practical situations in which they operate.