How does a dispute reach arbitration?

Only by agreement of the parties — in an individual dispute by a separate agreement, in a collective one at any stage.

Which deadlines run in the dispute?

Reply within 10 calendar days; access to the court after 14 calendar days; a 1-year period for the claim.

Can demands be increased in arbitration?

No — increasing a demand or changing the subject during the consideration is prohibited.

Does compulsory arbitration exist?

No — arbitration exists only by agreement; there is no separate labour-arbitration statute in Georgia.

Arbitration Representation in Tbilisi, Georgia

What Arbitration Representation Means

Arbitration is a route expressly provided for labour disputes by the Georgian Labour Code: an individual employment dispute must be resolved in compliance with the conciliation procedures established by law and/or by applying to a court or arbitration, and the same holds for collective disputes. Arbitration is thus a lawful form of hearing a labour dispute, and representing a party in it is a task as demanding as full court representation.

The essence of arbitration lies in the parties' agreement: in an individual dispute the parties may agree to refer the dispute to arbitration, while in a collective dispute that agreement may be reached at any stage of the dispute. Representation in arbitration therefore consists of two stages — achieving the arbitration agreement and presenting the party's position within the terms of the agreement reached.

How the Move to Arbitration Happens

The move happens inside the dispute framework, which is born of written notice: one party sends the other written notice of the commencement of the conciliation procedures, stating precisely the ground of the dispute and the demands. In an individual dispute the other party must communicate its decision in writing within 10 calendar days of receipt, and the parties' written decision becomes part of the existing contract. If no agreement is reached within 14 calendar days of receipt, either party may apply to the court.

In a collective dispute — between an employer and a group of employees (not fewer than 20 employees) or between an employer and an employees' association — the procedure involves direct negotiations or mediation, and referral to arbitration may occur at any stage. The choice of arbitration is also time-limited: a claim arising from the Code may be brought within 1 year from knowing of the violation of the right, and that period does not restart upon entering arbitration.

The strategic choice of arbitration is thus always made against the alternative: a party choosing arbitration deliberately declines an open court hearing in favour of a confidential and usually faster consideration. It is an informed choice rather than a forced step, and before the arbitration agreement is signed the representative owes the client an honest comparison of both roads — their timelines, costs and consequences.