ICC Arbitration is one of the most prestigious and trusted dispute resolution mechanisms globally, administered by the International Court of Arbitration of the International Chamber of Commerce (ICC). For Georgian companies involved in international trade and investment, ICC arbitration often represents the gold standard in contracts. This system ensures a neutral, efficient, and predictable environment for resolving commercial disputes, regardless of the parties' location or legal system. ICC procedures are distinguished by strict quality control, which involves the scrutiny of arbitral awards by the Court before they are issued, minimizing enforcement problems.
The ICC arbitration process requires specific knowledge and experience as it is governed by the ICC Rules of Arbitration, which differ from national court procedures. The process includes unique stages such as drafting the "Terms of Reference" and case management conferences. Qualified legal representation in this process is critical, as procedural errors can lead to losing the dispute or significantly increasing costs. Specialists featured on Legal.ge offer full services at all stages of ICC arbitration, starting from drafting the arbitration clause to receiving the final award.
What does ICC Arbitration service cover?
- Drafting ICC Arbitration Clauses: Writing correct and enforceable arbitration clauses in contracts that specify ICC rules, seat, language, and applicable law.
- Preparing Request for Arbitration: Initiating the process by submitting a substantiated application to the ICC Secretariat, covering the essence of the dispute and claims.
- Nominating Arbitrators: Selecting arbitrators and participating in the appointment process in accordance with specific ICC procedures.
- Drafting Terms of Reference: A unique document in ICC arbitration that defines the scope of the dispute; its correct formulation is vital.
- Submitting Written Submissions and Evidence: Preparing statements of claim, defense, and expert reports in line with international standards.
- Conducting Oral Hearings: Defending the client's interests during arbitration hearings, cross-examining witnesses and experts.
- Cost Management: Legal management of issues related to paying the advance on costs and the final allocation of costs.
Common scenarios requiring this service
ICC arbitration is frequently used in large infrastructure projects. For example, if a Georgian construction company is building a hydroelectric power plant commissioned by a foreign investor and a dispute arises over the quality of work, the contract likely provides for ICC arbitration. Also, in international sales contracts, when a Georgian importer buys expensive machinery from Europe and the supplier breaches terms, the dispute is often heard in Paris or London under ICC rules. Another scenario involves disagreements between Joint Venture partners, where parties want confidentiality and case resolution by professional arbitrators, which the ICC provides.
Georgian Legal Framework
Georgia is an arbitration-friendly country. The Law of Georgia on Arbitration recognizes the parties' right to choose an arbitration institution and its rules. When parties choose the ICC, Georgian courts respect this choice and generally do not intervene in the process, except in cases strictly defined by law (e.g., interim measures). Additionally, Georgia is a party to the 1958 New York Convention, meaning that an ICC award issued anywhere in the world is enforceable in Georgia, and vice versa — an ICC award issued in Georgia is enforceable in over 170 countries. The quality and enforceability of ICC awards are particularly high due to the institution's internal scrutiny mechanism.
Step-by-step service process
The process begins with analyzing the client's contract and preparing the Request for Arbitration to the ICC. After submitting the request, the arbitrator selection process begins. Once the tribunal is constituted, one of the most important documents — the "Terms of Reference" — is drawn up and signed by the parties and arbitrators. This is followed by approving the procedural timetable, exchanging written evidence, and finally, the oral hearing. The process concludes with the issuance of the arbitral award, which is pre-scrutinized by the ICC Court.
Why choose a specialist on Legal.ge?
ICC arbitration is an expensive and complex process where the cost of error is very high. On Legal.ge, you will find lawyers who have direct experience handling cases under ICC rules. They know the specifics of the ICC Secretariat's work, ways to optimize costs, and tactical nuances that will help you successfully resolve the dispute. Professional involvement ensures maximum protection of your interests on the global stage.
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