Criticism of the Jurisdiction of the Court in Matters of Securing Arbitration Claimsof

Abstract

Criticism of the authority of the court in matters of securing arbitration claims is one of the interesting issues, which includes both the assessment of norms and the review of judicial practice. Against the background of various foreign practices, this field is still undeveloped in Georgia. Problems arise in the interpretation of the norm in the process of consideration of the case in court. The paper proposes a critique of the court’s authority in matters of securing arbitration claims.
The paper equally presents the legal scope of the existing problem. The problems are due to differences in the interpretation of the norm, differences in judicial practice, the degree of development of arbitration law in Georgia. Why we should investigate this question will make us think again about the theoretical importance of the criticism of judicial power. When we talk about the fact that the Law of Georgia “On Arbitration” provides for the authority of both arbitration and the court in matters of securing a claim, we should not forget the legal difference between these two authorities. This is the purpose of the study, to base the criticism of the court’s authority on the issue of claim security on the impact of said authority on addressees and addressees.
Another question is what practice we will have or how much citizens will be interested in these powers. The main thing is that the issue of meaning should not be affected by the gap in the norm. The error may be due to incomplete understanding of the norm or failure to consider the content when drafting it. The first chapter of the paper will discuss the characterization of the process that the court goes through in exercising this authority. The second chapter assesses the disposition of Article 23, and the third chapter offers a view on the impracticality of the case law. The main starting point is based on the definition of the two norms of the law and the correct rendering of the content.