Contracts with the United Arab Emirates — the Legal Framework
Transactions with the United Arab Emirates, like any case connected with foreign law, are governed in Georgia by the law on private international law. This law determines which legal order applies where facts connected with a foreign legal system exist, and which norms of procedural law govern the conduct of such a case. The Emirates market is among the first for Georgian business: trade, construction, logistics and services there are frequently performed with elements of foreign law. Three questions prove decisive: which court is competent, which country's law governs the contract and which form is treated as valid. Georgian law answers all three, and knowing those answers before signature determines whether the transaction will hold up in a dispute.
Agreements on International Competence
The parties may agree on the international competence of a Georgian court even where, under other norms of the law, it would not be competent. Such an agreement is made in writing or orally with written confirmation, and in international commercial relations in a form consistent with international trade usages known, or ought to have been known, to the parties. Georgian courts also acquire competence where the defendant, without protest, agrees to participate in the proceedings — even though represented by an advocate and notified by the judge of the possibility of raising a protest, which is recorded in the minutes. In relations with an Emirati partner this means in practice: for the Georgian side it is usually better to fix competence in the contract in advance than to discover after a dispute arises that the case cannot reach the local court at all. The parties may likewise agree on the competence of a foreign court if one of them has a residence, domicile or habitual residence abroad; agreements on specially protected categories of competence are void, and in that case the defendant's protest-free consent does not cure the defect.
The Form of Georgian-Emirati Transactions
The form of a transaction is governed by the law of the country where it is concluded or by the law applicable to its subject matter. A contract concluded between persons present in different countries is validly formed if it satisfies the requirements of the law of either country — the ordinary situation for contracts signed between Tbilisi and Dubai. Where the contract is concluded through a representative, the form rule takes into account the country where the representative is present. For transactions concerning rights in land, the imperative norms of the country where the plot is situated apply irrespective of the place of conclusion. A transaction creating or disposing of a right in a thing is treated as validly formed if it satisfies the formal requirements of the law governing the underlying relationship. On the Emirati market this matters all the more because local business practice often relies on trade usages: a customary form suffices for an agreement on competence, yet the formal requirements of the contract itself must be verified separately.