ORBELIANI LAW REVIEW

The Role of the Supreme Court in Civil Proceedings in Poland

Tomasz Szanciło — Thu, 08 Jan 2026 00:00:00 +0000

The Supreme Court, present in most legal systems, serves a distinct function. As a court of law than a court of fact, it does not rehear cases in another instance; instead, it reviews appeals such as cassation complaints, actions seeking a declaration of unlawfulness of a final judgement, or other extraordinary appeals. As states have a great deal of freedom in structuring their judicial systems, provided the fundamental right of access to a court is upheld, various limitations in accessing the Supreme Court are often applied. These restrictions ensure that only cases of genuine importance reach this highest judicial body. The institution of pre-judgment serves this very purpose, allowing the Supreme Court to perform its functions unhindered. It would be possible to introduce more far-reaching restrictions, such as regarding cases involving property claims. At the same time, it is necessary to enhance the professional nature of proceedings before this court, which is achieved in part through the requirement of mandatory representation by an advocate.

The Cross-Border Conversion of Companies

Piotr Pinior — Thu, 08 Jan 2026 00:00:00 +0000

The cross-border conversion of companies, introduced to Directive 2017/1132 of 14.6.2017 relating to certain aspects of company law by the amendment made through Directive 2019/2121,1 establishes a harmonized legal framework enabling companies to transfer their registered office to another Member State. This paper aims to analyze the premises of cross-border conversion and the
legal effects of said conversion. During the transfer of a registered office, the legal and economic positions of shareholders, employees, and creditors may be affected. The paper provides a comprehensive overview of the protection mechanisms afforded to these groups under European Union law.

Cross-Border Mediation Proceedings within the European Union

Igor Zgoliński — Thu, 08 Jan 2026 00:00:00 +0000

This article examines the nature and principles of cross-border mediation. Within the European Union, this form of mediation is used in cases where one of the parties to a dispute resides or is established in a different Member State from the other parties, or where the parties have different nationalities.It mainly concerns disputes and conflicts in family matters (residence of the child, exercise of parental authority, access to the child, and the like). However, the use of this type of mediation is broader. It can, for example, be used in civil and commercial disputes (such as in the enforcement of contracts between business partners) and in consumer matters. With ongoing social and economic development, and the diminishing of barriers between countries, the importance of cross-border mediation is likely to increase. The article primarily examines the fundamental principles common to the various systems of the EU Member States and discusses the main instruments of international law on which these are based. This article
also considers the advantages and disadvantages that continue to prevent mediation from being recognised as an effective tool.

Legal Aspects of Cooperative Governance and Alternative Dispute Resolution under Polish Cooperative Law

Dominik Bierecki — Thu, 08 Jan 2026 00:00:00 +0000

The Author takes into consideration the similarities and differences between the intra-cooperative dispute resolution system and the arbitration clause.The intra-cooperative dispute resolution system is specific only to Polish cooperative law. Therefore, the analysis is carried with reference to the Polish legal system. Also, the comparison between the intra-cooperative dispute resolution system and the arbitration clause is considered with reference to the internationally recognized cooperative principles. In Author’s opinion two
of those principles: democratic governance and autonomy and independence give grounds for the cooperative governance model. This model complies with the rules of intra-cooperative dispute resolution system and arbitration clause.

The Legal Nature of Labour Relations and International Regulations in the Digital Economy Era

Sandro-Giorgi Sarukhanishvili — Wed, 08 Jan 2025 00:00:00 +0000

This article explores the transformative impact of the digital economy on the legal nature of labour relations, specifically focusing on the challenges of regulating online work. As digital labour platforms facilitate the internationalisation of business, they challenge traditional concepts of state jurisdiction and obscure the legal status of workers, often blurring the lines between employees and
independent contractors. The study analyses the distinct approach of European Union (EU) private international law, which prioritises an autonomous interpretation of the “worker” concept based on factual subordination and control rather than formal contractual labels. This is contrasted with the current legal landscape in Georgia, where judicial practice regarding digital
platform workers is absent, and legislation recognises the “information society service” but the it is designated to protect consumer rather than labour rights.
Furthermore, the article examines modern forms of labour organisation, including the legal distinctions between remote work, hybrid work, and platform work, while highlighting the lack of regulation for remote work in the Labour Code of Georgia compared to other European jurisdictions. Ultimately, the author argues for the necessity of comprehensive legal reform and international
cooperation to align Georgian legislation with emerging forms of employment and ensure the fair protection of labour rights across borders.

Challenges of Recent Developments in the Field of Artificial Intelligence to Future Civil Law Legislation and Practice

Peilin Li, Xingan Li — Wed, 08 Jan 2025 00:00:00 +0000

The swift advancement of artificial intelligence (AI) has brought about significant transformations in a number of fields, including law. AI has had a big impact on civil law, a fundamental area of legal systems around the world, in areas including dispute resolution, liability, contract formulation, and privacy. The development of artificial intelligence, its main uses in civil law, and the
opportunities and problems that have arisen, are all covered in this article. It offers insights into how legal systems are adjusting to AI’s increasing presence, and the necessity of future regulation to address ethical and legal problems, by examining case studies and current legislative frameworks.

The Scope of Judicial Discretion when Considering the Admissibility of Claims Filed against Gender-Based Violence Survivors

Ketevan Bakhtadze — Thu, 08 Jan 2026 00:00:00 +0000

Strategic Lawsuits Against Public Participation (SLAPP) represent an increasingly prevalent mechanism for constraining the freedom of expression of gender-based violence survivors. This study argues that defamation lawsuits filed against survivors constitute continued psychological and economic violence under Georgian law, functioning as instruments of intimidation and manipulation. Drawing upon European Court of Human Rights jurisprudence – particularly Ismayilova v. Azerbaijan regarding states’ obligations to ensure safe environments for public participation – the analysis examines how SLAPP litigation intersects with Georgian procedural frameworks.
Employing hermeneutical and comparative legal methodologies, the study analyses Georgian judicial practice alongside anti-SLAPP mechanisms in California (Code of Civil Procedure para. 425.16) and Canada (Courts of Justice Act para. 137.1). The research demonstrates that Georgian legislation provides adequate foundation for protecting survivors’ expression rights through Article 5(2) of the Law on Freedom of Speech and Expression, which affords defendants procedural opportunity to petition for dismissal at the preparatory stage. Analysis of Tbilisi City Court and Supreme Court decisions reveals that the fundamental challenge lies in courts’ formalistic interpretation – particularly restrictive application of courtroom speech privilege failing to protect statements submitted to law enforcement or the Public Defender’s Office. The paper acknowledges competing constitutional values including due process rights, presumption of innocence, and legitimate reputational interests. Nevertheless, it recommends that courts reallocate evidentiary burdens according to the in dubio pro libertate principle and adopt progressive interpretations of courtroom speech privilege encompassing statements submitted to competent authorities.

The Violation of Consumer Interests as a Qualifying Element of Unfair Competition, and Its Legal Framewor

Oliko Kobakhidze — Thu, 08 Jan 2026 00:00:00 +0000

This article examines the role of consumer interests as a qualifying element in the assessment of unfair competition under Georgian competition law.Although the Law of Georgia on Competition requires the simultaneousviolation of business ethics, competitor interests, and consumer interests forconduct to be classified as unfair competition, this cumulative approach does not align with European Union standards or the jurisprudence of the Court of Justice of the European Union (CJEU). Through a comparative legal analysis of Georgian legislation, EU directives – particularly the Unfair Commercial Practices Directive (2005/29/EC) and leading CJEU case law, the article argues that unfair competition may exist even in the absence of harm to consumer interests. The study highlights inconsistencies in the Georgian legal framework, including the absence of a legal definition of “consumer”, and the narrow interpretation of “end user,” both of which hinder the effective assessment of market conduct. Drawing on Georgian Competition and Consumer Agency (GCCA) decisions and relevant EU practice, the article demonstrates the significance of the “average consumer” standard, and the broader concept of the “transactional decision” in evaluating the impact of deceptive or misleading conduct. It concludes that consumer harm should operate as an independent criterion aimed at safeguarding free consumer choice, while unfair competition should be assessed according to its broader effect on market integrity. The article recommends legislative refinement to harmonize Georgian law with EU standards, and to ensure a coherent and effective system for combating unfair competition.