Title 9

(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…

(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…

Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5. History. 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.

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…

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 distribut…

(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…

A party who knows that any provision of this part from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without objecting to such noncompliance without undue delay or, if a time limi…

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. History. Code 1981, § 9-9-30, enacted by Ga. L. 201…

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.

(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) When a person is approached in connection with the possible appointment of such person as an arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of appoin…

(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…

(a) If an arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, the arbitrator’s mandate terminates if he or she withdraws from office or if the parties agree on the termination. Otherwise, if a contro…

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,…

(a) Recognition or enforcement of an interim measure may be refused only: (1) At the request of the party against whom it is invoked if the court is satisfied that: (A) Such refusal is warranted on the grounds set forth in subparagraphs (a)(1)(A) through (a)(1)(D) of Code Section …

(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…

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.

(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) 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 determin…

(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 the…

(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, …

Unless otherwise agreed by the parties, if, without showing sufficient cause: (1) The claimant fails to communicate his or her statement of claim in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall terminate the proceedings; (2) The respondent…

(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 by the parties and not objected to by the arbitration tribunal, record the settlement in the form of an arbitration award on agreed term…

(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)(1) Within 30 days of receipt of the arbitration award, unless another period of time has been agreed upon by the parties: (A) A party, with notice to the other party, may request the arbitration tribunal to correct in the arbitration award any errors in computation, any cleri…

(a) Recourse to a court against an arbitration award may be made only by an application for setting aside in accordance with subsections (b) and (c) of this Code section. (b) An arbitration award may be set aside by the court specified in Code Section 9-9-27 only if: (1) The party…