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Georgia Constitution, Art VI, Sect. IX,
Para. 1 | Georgia Alternative Dispute
Resolution Act | Juvenile Court Supervision
Fee Legislation | Georgia Child Abuse
Reporting Legislation | Georgia Arbitration Code
Georgia Arbitration Code
9-9-1 Short title.
9-9-2 Applicability; exclusive method.
9-9-3 Effect of arbitration agreement.
9-9-4 Application to court; venue; service
of papers; scope of court's consideration; application for order
of attachment or preliminary injunction.
9-9-5 Limitation of time as bar to arbitration.
9-9-6 Application to compel or stay arbitration;
demand for arbitration; consolidation of proceedings.
9-9-7 Appointment of arbitrators.
9-9-8 Time and place for hearing; notice; application
for prompt hearing; conduct of hearing; right to counsel; record;
waiver.
9-9-9 Power of subpoena; enforcement; use of
discovery; opportunity to examine documents; compensation of witnesses.
9-9-10 Award to be in writing; copies furnished;
time of making award; waiver.
9-9-11 When award changed; application for
change; objection thereto; time for disposition of application.
9-9-12 Confirmation of award by court.
9-9-13 Vacation of award by court; application;
grounds; rehearing; appeal of order.
9-9-14 Modification of award by court; application;
grounds; subsequent confirmation of award.
9-9-15 Judgment on award.
9-9-16 Appeals authorized.
9-9-17 Arbitrators' fees and expenses.
9-9-18 Commencement or continuation of proceedings
upon death or incompetency of party.
CODE OF GEORGIA
TITLE 9. CIVIL PRACTICE
CHAPTER 9. ARBITRATION
ARTICLE 1. GENERAL PROVISIONS
PART 1. ARBITRATION CODE
9-9-1 Short title.
This part shall be known and may be cited as the "Georgia
Arbitration Code."
(Code 1933, § 7-301, enacted by Ga. L. 1978, p. 2270, §
1; Code 1981, 9-9-80; Code 1981, 9-9-1, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-2 Applicability; exclusive method.
(a) Part 3 of Article 2 of this chapter, as it existed prior to
July 1, 1988, applies to agreements specified in subsection (b)
of this Code section made between July 1, 1978, and July 1, 1988.
This part applies to agreements specified in subsection (b) of this
Code section made on or after July 1, 1988, and to disputes arising
on or after July 1, 1988, in agreements specified in subsection
(c) of this Code section.
(b) Part 3 of Article 2 of this chapter, as it existed prior to
July 1, 1988, shall apply to construction contracts, contracts of
warranty on construction, and contracts involving the architectural
or engineering design of any building or the design of alterations
or additions thereto made between July 1, 1978, and July 1, 1988,
and on and after July 1, 1988, this part shall apply as provided
in subsection (a) of this Code section and shall provide the exclusive
means by which agreements to arbitrate disputes arising under such
contracts can be enforced.
(c) This part shall apply to all disputes in which the parties thereto
have agreed in writing to arbitrate and shall provide the exclusive
means by which agreements to arbitrate disputes can be enforced,
except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this
chapter, relating to arbitration of medical malpractice claims;
(2) Any collective bargaining agreements between employers and
labor unions representing employees of such employers;
(3) Any contract of insurance, as defined in paragraph (1) of
Code Section 33-1-2; provided, however, that nothing in this paragraph
shall impair or prohibit the enforcement of or in any way invalidate
an arbitration clause or provision in a contract between insurance
companies;
(4) Any other subject matters currently covered by an arbitration
statute;
(5) Any loan agreement or consumer financing agreement in which
the amount of indebtedness is $25,000.00 or less at the time of
execution;
(6) Any contract for the purchase of consumer goods, as defined
in Title 11, the "Uniform Commercial Code," under subsection
(1) of Code Section 11-2-105 and subsection (1) of Code Section
11-9-109;
(7) Any contract involving consumer acts or practices or involving
consumer transactions as such terms are defined in paragraphs
(2) and (3) of subsection (a) of Code Section 10-1-392, relating
to definitions in the "Fair Business Practices Act of 1975";
(8) Any sales agreement or loan agreement for the purchase or
financing of residential real estate unless the clause agreeing
to arbitrate is initialed by all signatories at the time of the
execution of the agreement. This exception shall not restrict
agreements between or among real estate brokers or agents;
(9) Any contract relating to terms and conditions of employment
unless the clause agreeing to arbitrate is initialed by all signatories
at the time of the execution of the agreement;
(10) Any agreement to arbitrate future claims arising out of personal
bodily injury or wrongful death based on tort.
(Code 1933, § 7-302, enacted by Ga. L. 1978, p. 2270, §
1; Ga. L. 1979, p. 393, § 1; Code 1981, 9-9-81; Code 1981,
9-9-2, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L.
1997, p. 1556, § 1.)
9-9-3 Effect of arbitration agreement.
A written agreement to submit any existing controversy to arbitration
or a provision in a written contract to submit any controversy thereafter
arising to arbitration is enforceable without regard to the justiciable
character of the controversy and confers jurisdiction on the courts
of the state to enforce it and to enter judgment on an award.
(Code 1933, 7-303, enacted by Ga. L. 1978, p. 2270, § 1; Code
1981, 9-9-82; Code 1981, 9-9-3, as redesignated by Ga. L. 1988,
p. 903, § 1.)
9-9-4 Application to court; venue; service
of papers; scope of court's consideration; application for order
of attachment or preliminary injunction.
(a) (1) Any application to the court under this part shall be made
to the superior court of the county where venue lies, unless the
application is made in a pending court action, in which case it
shall be made to the court hearing that action. Subsequent applications
shall be made to the court hearing the initial application unless
the court otherwise directs.
(2) All applications shall be by motion and shall be heard in the
manner provided by law and rule of court for the making or hearing
of motions, provided that the motion shall be filed in the same
manner as a complaint in a civil action.
(b) Venue for applications to the court shall lie:
(1) In the county where the agreement provides for the arbitration
hearing to be held; or
(2) If the hearing has already been held, in the county where
it was held; or
(3) In the county where any party resides or does business; or
(4) If there is no county as described in paragraph (1), (2),
or (3) of this subsection, in any county.
(c) (1) A demand for arbitration shall be served on the other
parties by registered or certified mail or statutory overnight delivery,
return receipt requested.
(2) The initial application to the court shall be served on the
other parties in the same manner as a complaint under Chapter 11
of this title.
(3) All other papers required to be served by this part shall be
served in the same manner as pleadings subsequent to the original
complaint and other papers are served under Chapter 11 of this title.
(d) In determining any matter arising under this part, the court
shall not consider whether the claim with respect to which arbitration
is sought is tenable nor otherwise pass upon the merits of the dispute.
(e) The superior court in the county in which an arbitration is
pending, or, if not yet commenced, in a county specified in subsection
(b) of this Code section, may entertain an application for an order
of attachment or for a preliminary injunction in connection with
an arbitrable controversy, but only upon the ground that the award
to which the applicant may be entitled may be rendered ineffectual
without such provisional relief.
(Code 1933, 7-305, enacted by Ga. L. 1978, p. 2270, § 1; Code
1981, 9-9-84 NrepealedV; Code 1981, 9-9-4, as redesignated by Ga.
L. 1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 3.)
9-9-5 Limitation of time as bar to arbitration.
(a) If a claim sought to be arbitrated would be barred by limitation
of time had the claim sought to be arbitrated been asserted in
court, a party may apply to the court to stay arbitration or to
vacate the award, as provided in this part. The court has discretion
in deciding whether to apply the bar. A party waives the right
to raise limitation of time as a bar to arbitration in an application
to stay arbitration by that party's participation in the arbitration.
(b) Failure to make this application to the court shall not
preclude a party from asserting before the arbitrators limitation
of time as a bar to the arbitration. The arbitrators, in their
sole discretion, shall decide whether to apply the bar. This exercise
of discretion shall not be subject to review of the court on an
application to confirm, vacate, or modify the award except upon
the grounds hereafter specified in this part for vacating or modifying
an award.
(Code 1933, 7-306, enacted by Ga. L. 1978, p. 2270, § 1; Code
1981, 9-9-85; Code 1981, 9-9-5, as redesignated by Ga. L. 1988,
p. 903, § 1.)
9-9-6 Application to compel or stay arbitration;
demand for arbitration; consolidation of proceedings.
(a) A party aggrieved by the failure of another to arbitrate may
apply for an order compelling arbitration. If the court determines
there is no substantial issue concerning the validity of the agreement
to submit to arbitration or compliance therewith and the claim sought
to be arbitrated is not barred by limitation of time, the court
shall order the parties to arbitrate. If a substantial issue is
raised or the claim is barred by limitation of time, the court shall
summarily hear and determine that issue and, accordingly, grant
or deny the application for an order to arbitrate. If an issue claimed
to be arbitrable is involved in an action pending in a court having
jurisdiction to hear a motion to compel arbitration, the application
shall be made by motion in that action. If the application is granted,
the order shall operate to stay a pending or subsequent action,
or so much of it as is referable to arbitration.
(b) Subject to subsections (c) and (d) of this Code section, a
party who has not participated in the arbitration and who has not
made an application to compel arbitration may apply to stay arbitration
on the grounds that:
(1) No valid agreement to submit to arbitration was made;
(2) The agreement to arbitrate was not complied with; or
(3) The arbitration is barred by limitation of time.
(c) A party may serve upon another party a demand for arbitration.
This demand shall specify:
(1) The agreement pursuant to which arbitration is sought;
(2) The name and address of the party serving the demand;
(3) That the party served with the demand shall be precluded from
denying the validity of the agreement or compliance therewith
or from asserting limitation of time as a bar in court unless
he makes application to the court within 30 days for an order
to stay arbitration; and
(4) The nature of the dispute or controversy sought to be arbitrated;
provided, however, that the demand for arbitration may be amended
by either party to include disputes arising under the same agreement
after the original demand is served.
(d) After service of the demand, or any amendment thereof, the
party served must make application within 30 days to the court for
a stay of arbitration or he will thereafter be precluded from denying
the validity of the agreement or compliance therewith or from asserting
limitation of time as a bar in court. Notice of this application
shall be served on the other parties. The right to apply for a stay
of arbitration may not be waived, except as provided in this Code
section.
(e) Unless otherwise provided in the arbitration agreement, a party
to an arbitration agreement may petition the court to consolidate
separate arbitration proceedings, and the court may order consolidation
of separate arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between
the same parties or one party is a party to a separate arbitration
agreement or proceeding with a third party;
(2) The disputes arise from the same transactions or series of
related transactions; and
(3) There is a common issue or issues of law or fact creating
the possibility of conflicting rulings by more than one arbitrator
or panel of arbitrators.
(f) If all the applicable arbitration agreements name the same
arbitrator, arbitration panel, or arbitration tribunal, the court,
if it orders consolidation under subsection (e) of this Code section,
shall order all matters to be heard before the arbitrator, panel,
or tribunal agreed to by the parties. If the applicable arbitration
agreements name separate arbitrators, panels, or tribunals, the
court, if it orders consolidation under subsection (e) of this Code
section, shall, in the absence of an agreed method of selection
by all parties to the consolidated arbitration, appoint an arbitrator.
(g) In the event that the arbitration agreements in proceedings
consolidated under subsection (e) of this Code section contain inconsistent
provisions, the court shall resolve such conflicts and determine
the rights and duties of various parties.
(h) If the court orders consolidation under subsection (e) of
this Code section, the court may exercise its discretion to deny
consolidation of separate arbitration proceedings only as to certain
issues, leaving other issues to be resolved in separate proceedings.
(Code 1933, 7-307, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-86; Code 1981, 9-9-6, as redesignated by Ga. L. 1988,
p. 903, § 1.)
9-9-7 Appointment of arbitrators.
(a) If the arbitration agreement provides for a method of appointment
of arbitrators, that method shall be followed. If there is only
one arbitrator, the term "arbitrators" shall apply to
him.
(b) The court shall appoint one or more arbitrators on application
of a party if:
(1) The agreement does not provide for a method of appointment;
(2) The agreed method fails;
(3) The agreed method is not followed for any reason; or
(4) The arbitrators fail to act and no successors have been appointed.
(c) An arbitrator appointed pursuant to subsection (b) of this
Code section shall have all the powers of one specifically named
in the agreement.
(Code 1933, 7-308, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-87; Code 1981, 9-9-7, as redesignated by Ga. L. 1988,
p. 903, § 1.)
9-9-8 Time and place for hearing; notice;
application for prompt hearing; conduct of hearing; right to counsel;
record; waiver.
(a) The arbitrators, in their discretion, shall appoint a time
and place for the hearing notwithstanding the fact that the arbitration
agreement designates the county in which the arbitration hearing
is to be held and shall notify the parties in writing, personally
or by registered or certified mail or statutory overnight delivery,
not less than ten days before the hearing. The arbitrators may adjourn
or postpone the hearing. The court, upon application of any party,
may direct the arbitrators to proceed promptly with the hearing
and determination of the controversy.
(b) The parties are entitled to be heard; to present pleadings,
documents, testimony, and other matters; and to cross-examine witnesses.
The arbitrators may hear and determine the controversy upon the
pleadings, documents, testimony, and other matters produced notwithstanding
the failure of a party duly notified to appear.
(c) A party has the right to be represented by an attorney and may
claim such right at any time as to any part of the arbitration or
hearings which have not taken place. This right may not be waived.
If a party is represented by an attorney, papers to be served on
the party may be served on the attorney.
(d) The hearing shall be conducted by all the arbitrators unless
the parties otherwise agree; but a majority may determine any question
and render and change an award, as provided in this part. If during
the course of the hearing, an arbitrator for any reason ceases to
act, the remaining arbitrator or arbitrators appointed to act as
neutrals may continue with the hearing and determination of the
controversy.
(e) The arbitrators shall maintain a record of all pleadings, documents,
testimony, and other matters introduced at the hearing. The arbitrators
or any party to the proceeding may have the proceedings transcribed
by a court reporter.
(f) Except as provided in subsection (c) of this Code section, a
requirement of this Code section may be waived by written consent
of the parties or by continuing with the arbitration without objection.
(Code 1933, 7-309, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-88; Code 1981, 9-9-8, as redesignated by Ga. L. 1988,
p. 903, § 1; Ga. L. 2000, p. 1589, § 3.)
9-9-9 Power of subpoena; enforcement;
use of discovery; opportunity to examine documents; compensation
of witnesses.
(a) The arbitrators may issue subpoenas for the attendance of
witnesses and for the production of books, records, documents, and
other evidence. These subpoenas shall be served and, upon application
to the court by a party or the arbitrators, enforced in the same
manner provided by law for the service and enforcement of subpoenas
in a civil action.
(b) Notices to produce books, writings, and other documents or tangible
things; depositions; and other discovery may be used in the arbitration
according to procedures established by the arbitrators.
(c) A party shall have the opportunity to obtain a list of witnesses
and to examine and copy documents relevant to the arbitration.
(d) Witnesses shall be compensated in the same amount and manner
as witnesses in the superior courts.
(Code 1933, 7-310, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-89; Code 1981, 9-9-9, as redesignated by Ga. L. 1988,
p. 903, § 1.)
9-9-10 Award to be in writing; copies
furnished; time of making award; waiver.
(a) The award shall be in writing and signed by the arbitrators
joining in the award. The arbitrators shall deliver a copy of the
award to each party personally or by registered or certified mail
or statutory overnight delivery, return receipt requested, or as
provided in the agreement.
(b) An award shall be made within the time fixed therefor by the
agreement or, if not so fixed, within 30 days following the close
of the hearing or within such time as the court orders. The parties
may extend in writing the time either before or after its expiration.
A party waives the objection that an award was not made within the
time required unless he notifies in writing the arbitrators of his
objection prior to the delivery of the award to him.
(Code 1933, 7-311, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-90; Code 1981, 9-9-10, as redesignated by Ga. L.
1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 3.)
9-9-11 When award changed; application
for change; objection thereto; time for disposition of application.
(a) Pursuant to the procedure described in subsection (b) of this
Code section, the arbitrators may change the award upon the following
grounds:
(1) There was a miscalculation of figures or a mistake in the
description of any person, thing, or property referred to in the
award;
(2) The arbitrators have awarded upon a matter not submitted to
them and the award may be corrected without affecting the merits
of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting
the merits of the controversy.
(b) (1) An application to the arbitrators for a change in the
award shall be made by a party within 20 days after delivery of
the award to the applicant. Written notice of this application shall
be served upon the other parties.
(2) Objection to a change in the award by the arbitrators must be
made in writing to the arbitrators within ten days of service of
the application to change. Written notice of this objection shall
be served upon the other parties.
(3) The arbitrators shall dispose of any application made under
this Code section in a written, signed order within 30 days after
service upon them of objection to change or upon the expiration
of the time for service of this objection. The parties may extend,
in writing, the time for this disposition by the arbitrators either
before or after its expiration.
(4) An award changed under this Code section shall be subject to
the provisions of this part concerning the confirmation, vacation,
and modification of awards by the court.
(Code 1933, 7-312, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-91; Code 1981, 9-9-11, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-12 Confirmation of award by court.
The court shall confirm an award upon application of a party made
within one year after its delivery to him, unless the award is vacated
or modified by the court as provided in this part.
(Code 1933, 7-313, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-92; Code 1981, 9-9-12, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-13 Vacation of award by court; application;
grounds; rehearing; appeal of order.
(a) An application to vacate an award shall be made to the court
within three months after delivery of a copy of the award to the
applicant.
(b) The award shall be vacated on the application of a party who
either participated in the arbitration or was served with a demand
for arbitration if the court finds that the rights of that party
were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such
imperfect execution of it that a final and definite award upon
the subject matter submitted was not made; or
(4) A failure to follow the procedure of this part, unless the
party applying to vacate the award continued with the arbitration
with notice of this failure and without objection.
(c) The award shall be vacated on the application of a party who
neither participated in the arbitration nor was served with a demand
for arbitration or order to compel arbitration if the court finds
that:
(1) The rights of the party were prejudiced by one of the grounds
specified in subsection (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as
provided by this part.
(d) The fact that the relief was such that it could not or would
not be granted by a court of law or equity is not ground for vacating
or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and
determination of all or any of the issues either before the same
arbitrators or before new arbitrators appointed as provided by this
part. In any provision of an agreement limiting the time for a hearing
or award, time shall be measured from the date of such order or
rehearing, whichever is appropriate, or a time may be specified
by the court. The court's ruling or order under this Code section
shall constitute a final judgment and shall be subject to appeal
in accordance with the appeal provisions of this part.
(Code 1933, 7-314, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-93; Code 1981, 9-9-13, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-14 Modification of award by court;
application; grounds; subsequent confirmation of award.
(a) An application to modify the award shall be made to the court
within three months after delivery of a copy of the award to the
applicant.
(b) The court shall modify the award if:
(1) There was a miscalculation of figures or a mistake in the
description of any person, thing, or property referred to in the
award;
(2) The arbitrators awarded on a matter not submitted to them
and the award may be corrected without affecting the merits of
the decision upon the issues submitted; or
(3) The award is imperfect in a manner of form, not affecting
the merits of the controversy.
(c) If the court modifies the award, it shall confirm the award
as modified. If the court denies modification, it shall confirm
the award made by the arbitrators.
(Code 1933, 7-315, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-94; Code 1981, 9-9-14, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-15 Judgment on award.
(a) Upon confirmation of the award by the court, judgment shall
be entered in the same manner as provided by Chapter 11 of this
title and be enforced as any other judgment or decree.
(b) The judgment roll shall consist of the following:
(1) The agreement and each written extension of time within
which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying, or correcting the
award; and
(4) A copy of the judgment.
(Code 1933, 7-316, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-95; Code 1981, 9-9-15, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-16 Appeals authorized.
Any judgment or any order considered a final judgment under this
part may be appealed pursuant to Chapter 6 of Title 5.
(Code 1933, 7-317, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-96; Code 1981, 9-9-16, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-17 Arbitrators' fees and expenses.
Unless otherwise provided in the agreement to arbitrate, the arbitrators'
expenses and fees, together with other expenses, not including counsel
fees, incurred in the conduct of the arbitration, shall be paid
as provided in the award.
(Code 1933, 7-318, enacted by Ga. L. 1978, p. 2270, § 1;
Code 1981, 9-9-97; Code 1981, 9-9-17, as redesignated by Ga. L.
1988, p. 903, § 1.)
9-9-18 Commencement or continuation
of proceedings upon death or incompetency of party.
Where a party dies or becomes incompetent after making a written
agreement to arbitrate, the proceedings may be begun or continued
upon the application of, or upon notice to, his executor or administrator
or trustee or guardian or, where it relates to real property, his
distributee or devisee who has succeeded to his interest in the
real property. Upon the death or incompetency of a party, the court
may extend the time within which an application to confirm, vacate,
or modify the award or to stay arbitration must be made. Where a
party has died since an award was delivered, the proceedings thereupon
are the same as where a party dies after a verdict.
(Code 1981, 9-9-18, enacted by Ga. L. 1988, p. 903, § 1.)
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