Number of Arbitrators and the Party-Driven Appointment Rule
Arbitrator selection is one of the most practical parts of drafting an arbitration clause, because the entire architecture of the dispute starts here. Article 10 of the Georgian Law on Arbitration sets the framework: an arbitral tribunal consists of one or several arbitrators. The number of arbitrators and the procedure for their appointment are determined by the parties, and the parties appoint an equal number of arbitrators unless otherwise agreed by the parties. This gives the drafters full freedom to write precisely who appoints whom and how.
If the arbitration agreement defines an even number of arbitrators, the arbitrators already appointed are obliged, within 10 days of their appointment, to appoint one more arbitrator, unless the parties agree otherwise. And if the number of arbitrators is not determined by the parties' agreement, the tribunal must be composed of three arbitrators. This default rule frequently surprises parties whose clause is silent on numbers: silence means a three-member panel.
Appointment Procedure and the Court's Backstop Role
Article 11 opens with a fundamental rule: appointing a person as an arbitrator without their consent is impermissible, and consent to act as an arbitrator must be declared in writing. The procedure for appointing the arbitrator or arbitrators and the presiding arbitrator is established by the parties' agreement. Where there is no agreement, or the agreed procedure proves impossible to implement, a default mechanism applies. In a tribunal of three arbitrators, each party appoints one arbitrator, and the two arbitrators appointed in this manner appoint the presiding arbitrator. If one of the parties fails to appoint an arbitrator within 30 days of receiving the other party's request, or if the two arbitrators fail to agree on the appointment of a third arbitrator within 30 days of their appointment, then at the request of one of the parties the court appoints the arbitrator within 30 days of accepting the application. In a sole-arbitrator tribunal, if the parties cannot agree, the court appoints the arbitrator on the same terms. The court's decision on this matter is final and not subject to appeal.
The same article regulates the candidate's transparency and statutory exclusions. A person who is to be appointed as an arbitrator is obliged, before starting to perform the duties, at the request of the parties or the tribunal, to submit written information about their education and experience as an arbitrator, where such exists. A court or other institution appointing an arbitrator must take into account the qualification requirements agreed by the parties in order to ensure the appointment of an independent and impartial arbitrator. It is impermissible to prohibit a person from being appointed as an arbitrator except where that person is a person with limited legal capacity or a recipient of support, unless a court decision provides otherwise; a civil servant, a person holding a state-political or political position, or a public servant; a person convicted of a crime whose conviction has not been expunged or extinguished; or a person who acted as a mediator in the same case or another case materially connected with it.