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Mgaloblishvili Kipiani Dzidziguri
(MKD) law firm
71 Vazha Pshavela Ave.,
floor 4th, office 24
Business Center on Vazha (BCV)
0186 Tbilisi, Georgia
T: (+995 32) 2553880, 2973880
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E-mail: info@mkd.ge

Georgia

2012, Georgia. (ICC International Court of Arbitration Bulletin - 2012 Special Supplement)

This Country Answer reflects the state of the law as of 31 December 2012. Please refer to the explanations in the chapter entitled Preliminary Note.
A. The Contracting State and the New York Convention
    1. Name of Contracting State (also specify jurisdiction(s), if relevant)
        - Georgia.

    2. Date of entry into force of the New York Convention
        - 31 August 1994.
    3. Has any reservation been made under Art. 1(3) of the New York Convention regarding:
       (a) reciprocity?
        No.
       (b) commercial relationships?
        No.
    4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. 1(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?
        No. All arbitral awards issued within the territory of Georgia are treated as domestic awards and governed by local law.

B. National sources of law
    5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?
        (i)   Georgian law on arbitration, 19 June 2009;
        (ii)  Georgian law on private international law, 29 Apr. 1998;
        (iv) Civil Procedure Code of Georgia, 14 Nov. 1997.
        (iii) Georgian law on enforcement proceedings, 16 Apr. 1999:
C. Limitation periods (time limits)
    6. (a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
        (iv) Civil Procedure Code of Georgia, 14 Nov. 1997.
        There is no limitation period applicable to the commencement of enforcement proceedings
        (b) If yes, what is the applicable limitation period (time limit) and when does it start running?
        N/A. Georgian legislation does not set any time limits for either commencing or completing enforcement proceedings.

D. National courts and court proceedings
    7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
       The Supreme Court of Georgia.
    8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?
       No requirements are set down in Georgian legislation. Any foreign award may theoretically be recognized and enforced in Georgia.
    9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
       Inter partes proceedings.
       After receiving the required evidence from the applicant, the Supreme Court of Georgia will invite the respondent to submit a defence to the application for enforcement and will set a time limit in which to do so. If the respondent fails to submit a defence within that time limit, the Supreme Court decides without a hearing. If the respondent does submit a defence within the time limit that has been set. a hearing will take place.
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