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.