BGI wins landmark case representing ADB
BGI has achieved another milestone while representing the Asian Development Bank (ADB). Holding that ADB was immune from legal process, Tbilisi Court of Appeals upheld an earlier ruling of the lower court and terminated proceedings against this international organization. Partner Sandro Bibilshvili and Senior Associate Davit Kakoishvili argued on behalf of ADB.
In a precedent-setting judgment, Tbilisi Court of Appeals upheld the immunity granted to ADB under the Agreement Establishing the Asian Development Bank (ADB Charter). The Court ruled that the ADB Charter ratified by Georgia is an integral part of Georgian law. Therefore, immunity conferred under the ADB Charter is deemed as valid grounds for the purposes of the civil procedure rules for terminating proceedings. Relying on the ADB Charter, the Court of Appeals held that the present case did not fall within the exceptions provided under the ADB Charter, nor did ADB waive its immunity. Accordingly, the proceedings against ADB were terminated on the grounds of immunity.
“This was the first time ever that the Georgian judiciary was presented with a question concerning immunity of a multilateral development bank. We are glad that the courts of both instances completely agreed with our arguments. Affirmation of their immunity from legal process should strengthen the position of similar international institutions in Georgia, whose continued investments play a critically important role for various sectors of Georgia’s economy” said Sandro Bibilashvili.
Zaza Bibilashvili is a highly respected corporate and disputes lawyer with significant practical experience in real estate transactions. Clients note his creativity and availability.
The four-partner team at BGI Legal provides a ‘responsive, proactive and solution-oriented service to a wide range of international corporates both directly and on a referral basis from major international law firms; it has built a strong reputation acting for investors and lenders on many of the country s largest projects. The ‘excellent Lasha Gogiberidze has led the team s work in several major energy mandates, including advising an Asian investor on a hydropower project. Gogiberidze is also regularly involved in financing work, including inter-bank lending, regulatory lending (to comply with capital adequacy requirements) and capital markets work, where Unana Gogokhia is also establishing a strong reputation.