On August 1 an exceptional direction was established? for the Board of Civil Affairs of Tbilisi City Court for discussing commercial disputes.
The board will probe into investment and commercial disputes higher than 500 000 GEL. Based on the Tbilisi City Court chairman, four magistrates will talk about disputes in such a category: Tamar Burjanadze, Levan Mikaberidze, Lasha Kochiashvili and Soso Ghurtskaia.
Giorgi Mikautadze, secretary with the High Council of Justice, noted that your special direction for discussing commercial disputes will foster an improvement of economic environment, investment inflows and financial situation near you.
According to information of High Council of Justice, the Council has taken into consideration the discontent expressed by businessmen about shortcomings associated with similar disputes. Magistrates with specific specialization in commercial disputes will will accelerate and improve quality of proceedings on investment and commercial disputes? which will foster much better of investment climate in Georgia, enlarge an inflow of foreign investments and accelerate economic growth pace.
The Caucasus Business Week (CBW) has inquired how efficiently? the mentioned directions in Civil Board will function and whether this board has the capacity to? resolve multiyear trials, particularly those named by business circles.
A component of lawyers and businessmen show skepticism towards this special direction for discussing commercial disputes at Civil Board of Tbilisi City Court.
Lawyer Imeda Dvalidze states that this decision is useless for more magistrate has to discuss many cases and it also takes Two years to appoint a shot. In the last years, the civil court familiar with apply both formal and informal practices for distributing dispute cases to this particular or that magistrate. Subsequently, this practice has neither reduced the number of cases nor accelerated the discussion process. Often even the substantiation quality is unsatisfactory, he outlined.
?Should the board gets free from other cases, makes focus on this kind of cases if the burden of cases? shrinks, we welcome this process, but,? on the whole, I\’m very pessimistic towards these processes problem and so i never hope any cardinal changes may take place issue will be important system?, Imeda Dvalidze said.
The judiciary system lacks for a due number of professionals and a second magistrate will have to supervise numerous cases, he stated: ?It is actually inadmissible that any magistrate discuss family disputes and commercial disputes simultaneously. It will be better that certain sounding affairs be discussed by one magistrate. Exactly what is the objective of innovations if a person magistrate has to discuss a large number of cases in case we should wait 2 yrs for appointing an endeavor? Or so why do the name and surname of magistrates matter? America lacks for that due amount of magistrates. In the last years, the Authorities cannot select magistrates. There initially were a lots of vacancies problem system and in what ways this moment is usually improved? We simply cannot look forward to future lawyers as soon as they will finish schools?.
As that the four magistrates are selected for discussing the mentioned disputes, Imeda Dvalidze noted that it\’s challenging say before hand whether four magistrates can contend with the accumulated quantity of cases.
?It might be wonderful if these magistrates had certain? practices in the field of specific disputes, had assistants. Moreover, schedules have crucial importance for similar disputes. I really don\’t know whether four magistrates is really an optimal number, however i welcome this initial effort anyway. However, it\’s tough to suggest whether four magistrates will manage this sort of number of cases?, Dvalidze said.
Lawyer Koba Bochorishvili says that narrower specialization cannot lower the quantity of disputes.
?I share the position how the specific specialization will alleviate proceedings, but we have a different situation. As we examine details on website of High? council of Justice, you\’ll face an odd situation. To start with, you cannot find any research conclusion why this sort of a board became necessary, while there are various of other categories, where cases are retarded. This factor poses an important component of society in unequal condition. The statement only shows tendency how the mentioned narrow specialization has long been arranged by request of business sector. Creating this board has proved we\’ve huge problems in the judiciary system. We do not trust magistrates. There are tons of dispute cases and magistrates cannot discuss these. Therefore, we must always consider alternative mechanisms and fundamental reforms instead of taking this type of decisions. We\’ve got to think about this issue with the standpoint of system changes and now we should not make an effort to resolve the issue in five minutes. We must always not expect that this quantity of disputes will decline by allowing the mentioned narrow specialization, however, we should expect general results anyway?, Bochorishvili said.
As to magistrates, it truly is unclear for Bochorishvili why the selected magistrates? need trainings.
?If you must train these magistrates, then why High Council of Justice says that these magistrates will talk about cases faster along with more qualified way. Why is it that they desire trainings? Let\’s choose qualified magistrates directly. We\’ve no objection against these specific four magistrates. I simply cannot take this statement. Should the existing staff? needs trainings, we ought not look at reforms. Problems may? be resolved only by qualified staff. There needs to be alternative methods of resolution of disputes?, Bochorishvili said.
The special civil board should never discuss disputes only above 500 000 GEL: ?Why only Tbilisi but not other cities? I do believe this can be the most unequal moment. Why isn\’t not? a reverse phone lookup be around for Kutaisi, Batumi, Poti? Moreover, other disputes must be also discussed within the same process?, Bochorishvili said.
Fady Asly, head within the Georgian national committee of International Chamber of Commerce, shows also pessimistic attitude towards allowing the special direction for discussing commercial disputes along at the Civil Court. The program will continue non-transparent again, the businessman said.
\”As as a result of making a special direction for commercial disputes at Civil Court, discussion of economic disputes will likely be accelerated, but transparency are not going to increase, corruption are going to be maintained in the courtroom system, because government officials or nongovernmental bodies will still make calls to magistrates and rehearse personal contacts for disputes resolution. They won\’t invite magistrates from Switzerland plus the same magistrates will talk about cases. Thus, a particular direction will probably be organized for commercial disputes at the court, ths issue isn\’t going to be resolved. Concerning very pessimistic expectations\”, Fady Asly said.
At duration, Fady Asly warns Georgian Authorities again: \”If the us government is not going to make a plan for increasing the situation and promoting business sector activities, i will notify all international investors to abstain from making investments in Georgia\”, Fady Asly said.
As to 4 magistrates, Giorgi Mikautadze, secretary of High Council of Justice explains that if the sheer number of cases grows, the Tbilisi City Court chairman is allowed to assign 5-6 magistrates for the direction of business disputes.
After Civil Court, it is far from eliminated to make similar special direction with the Court of Appeals, he was quoted saying.
?If ever the number of instances grows, Tbilisi city court chairman is authorized to attach 5-6 magistrates to that board. On the whole, four magistrates are sufficient, because today we have now about 220 commercial disputes left. Each magistrate will have to probe into 55 cases, while today each one has to go about 300-400 cases. Therefore, it\’s much better to manage 55 cases?, Mikautadze said.
The procedure of assigning cases to magistrates has begun and they can be trained sometime soon, he stated.