Title 9 — Civil Practice

This part shall be known and may be cited as the “Georgia Arbitration Code.” History. 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.

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. History. Code 1933, § 7-313, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-92; Code 1…

(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 arb…

Applicability; exclusive method. Effect of arbitration agreement. Application to court; venue; service of papers; scope of court’s consideration; application for order of attachment or preliminary injunction. Limitation of time as bar to arbitration. Application to compel or stay…

(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: 643 9-9-16 (1) The agreement and each writte…

Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5. 644 History. Code 1933, § 7-317, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-96; 9-9-17 Code 1981, § 9-9-16, as redesignated by Ga. L. 1988, p. 903, §…

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. History. Code 1933, § 7-318, enacted by Ga. L…

(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…

(a) This part shall be known and may be cited as the “Georgia International Commercial Arbitration Code.” (b) The purpose of this part is to encourage international commercial arbitration in this state, to enforce arbitration agreements and arbitration awards, to facilitate promp…

(a) This part shall apply to international commercial arbitration, subject to any agreement in force between the United States and any other country. (b) The provisions of this part, except for Code Sections 9-9-29 and 9-9-30, subsections (f) through (h) of Code Section 9-9-38, a…

(a) As used in this part, the term: (1) “Arbitration” means any arbitration, whether or not administered by a permanent arbitral institution. (2) “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or may ari…

(a) In the interpretation of this part, regard shall be given to its international origin and to the need to promote uniformity in its application and the observance of good faith. (b) Questions concerning matters governed by this part which are not expressly settled in it are to…

(a) Unless otherwise agreed by the parties: (1) Any written communication shall be deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence, or mailing address; if none of these can be fo…

In matters governed by this part, no court shall intervene except where provided in this part. If the controversy is within the scope of this part, the arbitration agreement shall be enforced by the courts of this state in accordance with this part without regard to the justiciab…

The functions referred to in subsections (c) and (d) of Code Section 9-9-32, subsection (c) of Code Section 9-9-34, Code Section 9-9-35, paragraph (3) of Code Section 9-9-37, Code Section 9-9-49, and subsection (b) of Code Section 9-9-56 shall be performed by the superior court i…

(a) All arbitration agreements shall be in writing. (b) A written arbitration agreement means that its contents are recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means. (c)(1) As used in this subsecti…

(a) A court before which a civil action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, refer the parties to arbitration unless it finds…

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 cou…

Before or during arbitral proceedings, a party may request from a court an interim measure of protection, and a court may grant such measure, and such request shall not be deemed to be incompatible with an arbitration agreement. 651 History. Code 1981, § 9-9-30, enacted by Ga. L.…

The parties shall be free to determine the number of arbitrators, and if no determination is stated, the number of arbitrators shall be one. History. Code 1981, § 9-9-31, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-32. Appointment of arbitrators; immunity from liability.

(a) No person shall be precluded by reason of nationality from acting as an arbitrator, unless otherwise agreed by the parties. (b) The parties shall be free to agree on a procedure to appoint the arbitrator or arbitrators, subject to the provisions of subsections (d) and (e) of …

(a) The parties shall be free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this Code section. (b) If the parties fail to agree on a procedure for challenging an arbitrator, a party who intends to challenge an arbitrator sha…

Where the mandate of an arbitrator terminates under Code Section 9-9-34 or 9-9-35 or because of withdrawal from office for any other reason or because of the revocation of the arbitrator’s mandate by agreement of the parties or in any other case of termination of the arbitrator’s…

Unless otherwise agreed by the parties: (1) The arbitration tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be …

(a) Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate. (b) The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or,…

The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case. History. Code 1981, § 9-9-40, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-41. Procedure to be followed by arbitration tribunal.

(a) Subject to the provisions of this part, the parties shall be free to agree on the procedure to be followed by the arbitration tribunal in conducting the proceedings. (b) If the parties fail to agree on the procedure to be followed by the arbitration tribunal in conducting pro…

(a) The parties shall be free to agree on the place of arbitration; provided, however, that failing such agreement, the place of arbitration shall be determined by the arbitration tribunal having regard to the circumstances of the case, including the convenience of the parties. (…

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.…

(a) Unless otherwise agreed by the parties, the arbitration tribunal: (1) May appoint one or more experts to report to it on specific issues to be determined by the arbitration tribunal; and (2) May require a party to give the expert any relevant information or to produce, or to p…

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas shall be served and, upon application to the court specified in Code Section 9-9-27 by a party or the arbitrators, enforced in…

(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 whe…

(a) The arbitration tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as di…

In arbitral proceedings with more than one arbitrator, any decision of the arbitration tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members; provided, however, that questions of procedure may be decided by a presiding arbitrator, if aut…

(a) If, during arbitral proceedings, the parties settle the dispute, the arbitration tribunal shall terminate the proceedings and, if requested 662 9-9-53 by the parties and not objected to by the arbitration tribunal, record the settlement in the form of an arbitration award on …

(a) An arbitration award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitration tribunal shall suffice, provided that the reason for any…

(a) The arbitral proceedings shall be terminated by the final arbitration award or by an order of the arbitration tribunal in accordance with subsection (b) of this Code section. (b) The arbitration tribunal shall issue an order for the termination of the arbitral proceedings when…

(a) An arbitration award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this Code section and of Code Section 9-9-58. (b) The party relying o…

Appeal of final judgment. Article 2 Medical Malpractice 9-9-60. 9-9-61. 9-9-62. 9-9-63. 9-9-64. 9-9-65. 9-9-66. 9-9-67. 9-9-68. 9-9-69. 9-9-70. 9-9-71. 9-9-72. 9-9-73. 9-9-74. 9-9-75. 9-9-76. 9-9-77. 9-9-78. 9-9-79. 599 “Medical malpractice claim” defined. Medical malpractice arbit…

Young, 220 Ga. App. 47, 467 S.E.2d 230 (1996), overruled on other grounds, Allen v. Kahn, 231 Ga. App. 438, 499 S.E.2d 164 (1998). Validity of service of original action outside statute of limitation. — When an original action was filed prior to the running of the statute of limi…

The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to record exactly and truly the testimony and proceedings in the case being arbi…

(a) The referee shall meet with the parties or their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the following: (1) A clear and accurate statement of the matters in controversy…

The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel. History. Code 1933, § 7-406, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-116; Code 1981, § 9-9-66, as redesignated by…

(a) Every arbitration pursuant to this article shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Code Section 9-9-65 and one of whom shall be chosen by the arbitrators named in the …

If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the pa…

(a) Before the arbitrators begin the arbitration, they shall be sworn by the referee to determine impartially the matters submitted to them according to law and the justice and equity of the case without favor or affection to either party. (b) Each arbitrator selected under this …

(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) T…

When, upon the meeting of the arbitrators, either party is not ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party…

After the arbitrators have commenced their investigations, they may adjourn from day to day or for a longer time, if the ends of justice require it, until their investigations are completed and they have made up their award. The arbitrators shall not meet or discuss the case or a…

The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts. History. Code 1933, § 7-413, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-122; Code 1981, § 9-9-72, as redesignated by Ga. L. 1…