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.
Solid team with vast experience of handling a wide spectrum of corporate and commercial as well as financial matters. Particularly well versed in project finance and boasts an impressive track record in some of the country's biggest energy and infrastructure projects. Popular choice for prominent international and local clients, including financial institutions and corporates from an array of industry sectors. Clients are impressed with the team's approach, saying: "The best thing is their coming up with proactive advice and suggesting a structure. They are able to work under pressure and respond immediately." Another client adds: "As soon as we give them a project we don't need to double-check anything." Other typical comments are: "They are a top-tier firm on the market with highly skilled, efficient and solution-oriented lawyers."
Zaza Bibilashvili is a well-known and highly regarded figure in the Georgian legal market. One of the founding partners of the firm, he oversees projects and is a key contact for clients. Lasha Gogiberidze has been called "one of the leading lawyers in Georgia" and "a central person not just in capital markets, but in the legal market in general." Considered an expert in capital markets and project finance work, particularly in the energy sphere, he is highly respected by his peers, who say: "He`s among the top lawyers who shaped the legal market."
Zaza Bibilashvili is a highly respected corporate and disputes lawyer with significant practical experience in real estate transactions. Clients note his creativity and availability.