შეთანხმება, როგორც საარბიტრაჟო პროცესის განხილვის საფუძველი საქართველოში

Arbitration belongs to one of the institutions that is developing rapidly in the country, the development of arbitration contributes to the existence of a reliable platform, which is especially attractive for investors, as we know the need for arbitration is seen, especially in the business sector, Since the rapid resolution of disputes is vital to business, so that it does not interfere with the functioning of the business, it is because of these needs that the United States and Europe have developed arbitration and today, as a reliable, fast, effective way to resolve disputes. It is my chosen topic, "Agreement as the Basis for Arbitration", that is an important issue that cannot be ignored on the way to the existence of arbitration, because the arbitration agreement is the main basis for starting the process. In the agreement, it is important that there is a mutual desire that the parties wish to use arbitration as an alternative to the dispute in the event of a dispute. The following paper discusses: The evolution of arbitration in Georgia, the gradual refinement of legislation and the changes that have taken place in the legislation, including the current situation, the types of agreements and the main requisites such as: Place of concluding the arbitration agreement, language, applicable law, institutional and ad hoc arbitration, Examples of agreements from practice such as the DRC and GIAC Arbitration Agreement Recommendations are discussed in the agreement are shown, as well as the will component and its importance in the agreement, as well as the subjects in the arbitration: Individuals, legal entities, third parties, representations, arbitrators, as well as issues such as non-compulsory arbitration and its impractical purpose as seen through my eyes are discussed. In this paper, I have focused on the substantive consideration of the agreement by the court. The following is a standard “single view” as well as an essential discussion. In this regard, I would like to share my views on why I do not support the substantive consideration of the parties to the arbitration agreement by the court, even without the motion of the party. It is my arguments that reinforce the view that the Court's approach to arbitration is subject to substantive consideration by the Court of Arbitration, and that the examples of other countries that have already gone through the same course and are now undergoing Georgian arbitration, Also, special attention is paid to the regulation in the paper, which applies to physical and administrative bodies. In terms of the possibility of using electronic means when it comes to arbitration agreements and I have argued that it is possible to make changes, special attention is paid to this issue, because the current state of the pandemic covid-19 in Georgia should not interfere with the implementation of electronic arbitration, individuals and administrative bodies should not be subject to such regulation as any regulation which I believe is no longer intended to serve the special protection of the parties. What changes have been made in this regard and what allows me to say this, is discussed in the paper, as well as the scope of the arbitration agreement, which as far as I know remains one of the problematic issues, as there are frequent disputes between the parties. For the sake of clarity, two Supreme Court rulings have been issued to better understand the consequences of the vague scope and the importance of focusing on them. The above-mentioned topics are the dominant issues in the paper, and practice shows that it is important to refine and develop approaches, and it was in this topic that I considered it important to review not only "what is"? But "what should be." I believe that the paper focuses on the problematic issues that need to be changed and that are important for the functioning of arbitration.