Resolving labor disputes in arbitration is an alternative, faster, and more flexible route than court litigation. However, it is important to know that under Georgian law, individual labor disputes can only be referred to arbitration based on an additional written agreement signed by the parties *after* the dispute has arisen. A pre-dispute arbitration clause in an employment contract is void. Arbitration is often used for top executive contracts, collective disputes, or cases where parties desire confidentiality and speed.
Representation in arbitration requires specific knowledge, as procedures differ from civil courts. There is less formality, but more emphasis on expert knowledge and party autonomy. Specialists registered on Legal.ge offer full services: from selecting the arbitration institution and appointing arbitrators to the substantive hearing of the case. Our lawyers ensure your interests are qualifiedly protected in this specific forum.
What does the Arbitration Representation service cover?
- Drafting Arbitration Agreements: Negotiating with parties after a dispute arises and executing a valid arbitration agreement.
- Arbitrator Selection: Procedures for selecting and appointing a qualified and impartial arbitrator (or panel).
- Preparing Claims and Defenses: Drafting the arbitration claim, submitting evidence, and responding to the opponent's position.
- Oral Hearings: defending interests during arbitration hearings, examining witnesses, and engaging experts.
- Interim Measures: Requesting asset freezing or other security measures from the tribunal.
- Enforcement of Awards: Managing procedures for the recognition and enforcement of the arbitral award in court.
Common scenarios requiring this service
A typical scenario involves a dispute between a foreign company director and the company over bonuses. Parties wish to avoid public litigation due to reputation, so they agree on confidential arbitration. Another scenario is a collective dispute between a trade union and a factory, where parties choose an industry expert arbitrator to resolve specific issues. A third case is an international contract where the employee works across multiple jurisdictions, and arbitration serves as a neutral forum.
Georgian Legal Framework
The process is regulated by the Law of Georgia on Arbitration and the Labor Code. The Labor Code (Article 48) clearly states that individual disputes can be referred to arbitration only by subsequent agreement of the parties. An arbitral award is final and can only be set aside on limited procedural grounds.
Step-by-step service process
The lawyer assesses whether arbitration is worth choosing (speed vs. costs). Then an agreement is signed. Arbitration proceedings begin: filing the claim, paying fees, appointing arbitrators. The process concludes with an Arbitral Award, which is binding.
Why choose a specialist on Legal.ge?
Arbitration is a niche field where a standard court lawyer might get lost. On Legal.ge, you will find arbitration experts who understand the nuances of this process and can achieve fast and effective results.
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