Date of commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. History. Code 1981, § 9-9-43, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-44. Languages to be used in arbitral proceedings; translation of documentary evidence. (a) The parties shall be free to agree on the language or languages to be used in the arbitral proceedings; provided, however, that failing such agreement, the arbitration tribunal shall determine the language or languages to be used in the proceedings. Such agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any arbitration award, decision, or other communication by the arbitration tribunal. (b) The arbitration tribunal may order that any documentary evidence be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitration tribunal. History. Code 1981, § 9-9-44, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-45. Facts supporting claim; amendment or supplementing of claim. (a) Within the period of time agreed by the parties or determined by the arbitration tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (b) Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitration tribunal considers it inap659 9-9-47 propriate to allow such amendment having regard to the delay in making it. History. Code 1981, § 9-9-45, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-46. How proceedings to be conducted; oral hearings; notice; consolidation of proceedings or hearings. (a) Subject to any contrary agreement by the parties, the arbitration tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials; provided, however, that unless the parties have agreed that no hearings shall be held, the arbitration tribunal shall hold hearings at an appropriate stage of the proceedings, if requested by a party. (b) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitration tribunal for the purposes of inspection of goods, other property, or documents. (c) All statements, documents, or other information supplied to the arbitration tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitration tribunal may rely in making its decision shall be communicated to the parties. (d) Unless the parties agree to confer such power on the tribunal, the tribunal shall not have the power to order consolidation of proceedings or concurrent hearings; provided, however, that the parties shall be free to agree: (1) That the arbitral proceedings shall be consolidated with other arbitral proceedings; or (2) That concurrent hearings shall be held, on such terms as may be agreed. History. Code 1981, § 9-9-46, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-47. Effects of failure to state facts supporting claim, failure to put forward statement of defense, or failure to appear at hearing or to produce documentary evidence. Unless otherwise agreed by the parties, if, without showing sufficient cause: (1) The claimant fails to communicate his or her statement of 660 9-9-49 claim in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall terminate the proceedings; (2) The respondent fails to communicate his or her statement of defense in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; and (3) Any party fails to appear at a hearing or to produce documentary evidence, the arbitration tribunal may continue the proceedings and make the arbitration award on the evidence before it. History. Code 1981, § 9-9-47, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-48. Appointment of experts.