Did one Arbitration become two?21 May 2020 07:20
While trawling through the archive for Zaza comments I came across this press report from 27 Dec '19. It talks about an alleged deal (since denied) but also splitting the arbitration. I am not sure if this is just an administrative function to streamline the process, or if it has some other meaning.
"On April 24, 2019, the Contractor notified the Arbitration Tribunal of its rights and obligations under the Contract, including the transfer of a fraudulent claim to an Affiliated Company.
The Corporation and the Agency did not declare the "transfer" validity and objected to the contractor's claim that the "transfer" did not comply with the "contract" requirements.
In view of the above, the arbitral tribunal decided on 7 June 2019 to separate the dispute over the validity of the transfer into a separate proceeding. The arbitration proceeding was divided into two independent lines - one dealing with the corporate and agency claims, and the other dealing with "transfer" liability and contractual claims.
However, the arbitration hearings, scheduled for October 1-11, 2019, would be devoted to the corporate and agency lawsuit claims and the issue of "transfer" validity, and the arbitration tribunal would determine the timing of the litigation claims.
On September 1, 2019, and several times thereafter, the Contractor applied to the Arbitration Tribunal seeking suspension and / or termination of the Arbitration Proceedings on the ground that it had allegedly reached an agreement with the Government of Georgia to settle the dispute. Contractor's claims were not satisfied by the Arbitration Tribunal;
The Contractor refused to pay the additional deposit on the order of the Arbitration Tribunal dated June 25, 2019, and accordingly the Corporation, in agreement with its Partner, paid a "Deposit" [EUR 150,000] instead of the Contractor."
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