When a dispute is referred to arbitration instead of court proceedings, the decisive question becomes how the resulting award is enforced if the respondent refuses to perform it voluntarily. The Georgian Law on Arbitration regulates this matter in Articles 39 and 44: Article 39 determines the time limit for rendering the award and its binding force, and Article 44 the procedure for its enforcement before the court. On this page we explain the full route of the forced enforcement of a domestic (rendered in Georgia) arbitral award — from the deadlines to the enforcement order.
Deadlines and the Binding Force of the Award (Article 39)
Article 39 provides that the arbitral award must be rendered within 180 days of the commencement of the arbitral proceedings, unless otherwise agreed by the parties; where necessary, the arbitrator may extend this period by no more than 180 days. The award is rendered in writing, is signed by the arbitrator or — in a collegial composition — by the majority of the arbitrators, and its performance is mandatory for the parties to the arbitration agreement. The award must contain a reasoned part unless the parties agree otherwise, and it enters into force from the moment of its rendition. This binding force is precisely the foundation of forced enforcement: a party cannot choose whether to perform — the only question is the route of enforcement.
The law is equally strict as to the form of the award: it must indicate the arbitrators who rendered the decision, the parties to the proceedings, and the date and place of rendition; where an arbitrator refuses to sign or holds a separate opinion, a corresponding entry is made. Signed copies of the award are delivered to the parties — it is precisely these copies, together with the original or a certified copy of the arbitration agreement, that form the documentary basis of an enforcement motion. For that reason the completeness of the copies should be checked on the day the award is received: the signatures, the date of rendition and the motives — if any element is missing, the motion to the court will stall.
The Route of Enforcement Through the Court (Article 44)
Article 44 determines that, irrespective of the country in which the arbitral award was rendered, it is binding for performance and must be enforced where a written motion is submitted to the court. In relation to awards rendered in Georgia, the appellate courts are considered the competent courts — this is the forum where a motion for the enforcement of a domestic award is filed. In relation to awards rendered outside Georgia, the competent court under the same norm is the Supreme Court of Georgia. With the motion, the party submits a duly certified copy of the award and the original or a certified copy of the arbitration agreement; documents in a foreign language require a duly certified Georgian translation. The party against whom enforcement is ordered has the right to apply for the suspension of enforcement — the court may suspend enforcement for no more than 30 days, provided corresponding security is submitted. Enforcement is carried out on the basis of an order (ruling) of the court, in accordance with the Law on Enforcement Proceedings.
How Enforcement Differs from Annulment
The distinction matters: forced enforcement and the annulment of an award are different legal procedures. Enforcement takes place before the appellate court and aims at the actual performance of what is imposed by the award — recovery of money, transfer of property, a finding of impossibility. Annulment, by contrast, is a separate remedy resting on the exhaustive list of grounds provided for by law, which calls into question the validity of the award itself. The two routes do not replace each other: a motion for enforcement and a claim for annulment serve different purposes, and the right strategy requires calculating both angles in advance — just as it requires considering deadlines and the question of security.
Frequently Asked Questions
Below we answer the questions most frequently asked about the enforcement of domestic arbitral awards.
Where is a motion for the enforcement of a domestic award filed?
In relation to awards rendered in Georgia, the appellate courts are the competent courts — the written motion is submitted precisely there.
What documents does the motion require?
A duly certified copy of the arbitral award and the original or certified copy of the arbitration agreement; for documents not in Georgian, a duly certified Georgian translation.
Can enforcement be suspended?
Yes. The party against whom enforcement is ordered may apply; the court suspends enforcement for no more than 30 days, provided corresponding security is submitted.
Within what time must the arbitration render the award?
Within 180 days of the commencement of the proceedings, unless otherwise agreed by the parties; where necessary, the arbitrator may extend the period by no more than 180 days.
Must the award contain a reasoned part?
Yes, unless the parties have agreed on its absence; the award is rendered in writing, signed by the arbitrator, and signed copies are delivered to the parties.
How We Help on Legal.ge
The advocates of Legal.ge handle the enforcement of arbitral awards: we prepare the written motion for the appellate court, assemble the complete package of documents — certified copies and translations — weigh the need for security at the suspension stage, and continue the defence in the enforcement proceedings. Contact us for a consultation — we will assess your award and map the fastest route to enforcement.