The Practice Of Using A Measure To Secure An Arbitration Claim And Recognition - Enforcement Problems

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Nino Botchorishvili

Abstract

At the international level, all international organizations and their member states are making maximum efforts to develop alternative dispute resolution tools, which will offer parties to property disputes more effective and faster dispute resolution mechanisms than courts. In this regard, special importance is given to arbitration, which significantly competes with the court in the direction of quick justice and offers the parties a dispute resolution method tailored to their interests.


Recognition and enforcement of an international arbitral award is a procedure of special importance, because without the guarantees of the enforcement of the decision made by the arbitral court, the arbitral review would be devoid of any meaning and there would be no point in holding it. It should be noted here that the legal or economic consequences of the arbitration decision for the parties are only after its execution. The purpose of the present study is to discuss the problems related to the recognition and enforcement of a foreign arbitration claim security measure, as well as to analyze the existing problems in terms of international agreements to be used by the court in the process of recognition and enforcement of the security measure of a foreign arbitration claim, taking into account the practice of the Appellate and Supreme Court of Georgia, and to propose solutions.

Keywords:
Arbitration, Provision of a Claim, Recognition and Enforcement
Published: Dec 30, 2022

Article Details

Section
Law Sciences