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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 9. CIVIL PRACTICE |
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Chapter 9. ARBITRATION |
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Article 1. GENERAL PROVISIONS |
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Part 1. 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 |
REFS & ANNOS
TITLE 9 Chapter 9 Article 1 Part 1 NOTE
LAW REVIEWS. --For article, "International Arbitration in Georgia," see 16 (No. 6) Ga. St. B.J. 13 (2011).
JUDICIAL DECISIONS
FEDERAL ARBITRATION LAW DOES NOT PREEMPT the entire field of state arbitration law in all cases involving commerce; state law may apply where parties agree to be bound by state arbitration law, so long as that law does not conflict with the federal Arbitration Act, 9 U.S.C. § 1 et seq., North Augusta Assocs. v. 1815 Exchange, Inc., 220 Ga. App. 790, 469 S.E.2d 759 (1996).
APPLICABILITY. --This part did not apply to an appraisal arising out of an appraisal clause in an insurance contract. Eberhardt v. Georgia Farm Bureau Mut. Ins. Co., 223 Ga. App. 478, 477 S.E.2d 907 (1996).
STRICT CONSTRUCTION. --The Arbitration Act, O.C.G.A. § 9-9-1 et seq., is in derogation of common law and must be strictly construed and not extended beyond its plain terms. Pinnacle Constr. Co. v. Osborne, 218 Ga. App. 366, 460 S.E.2d 880 (1995).
RETROACTIVITY. --The application of the Georgia Arbitration Code, O.C.G.A. § 9-9-1 et seq., to a dispute arising after its effective date to contracts entered into at an earlier date was contemplated in its enactment; the law does not provide a new remedy or repair any obligation under the contract and its application to such a dispute does not violate the constitutional prohibition against retroactive laws. Weyant v. MacIntyre, 211 Ga. App. 281, 438 S.E.2d 640 (1993).
RELATIONSHIP TO MATERIALMEN'S LIENS. --Operation of Arbitration Code and materialmen's lien law is interdependent and compatible. H.R.H. Prince Ltc. Faisal M. Saud v. Batson-Cook Co., 161 Ga. App. 219, 291 S.E.2d 249 (1982).
JUDICIAL DECISIONS
FEDERAL ARBITRATION LAW DOES NOT PREEMPT the entire field of state arbitration law in all cases involving commerce; state law may apply where parties agree to be bound by state arbitration law, so long as that law does not conflict with the federal Arbitration Act, 9 U.S.C. § 1 et seq., North Augusta Assocs. v. 1815 Exchange, Inc., 220 Ga. App. 790, 469 S.E.2d 759 (1996).
APPLICABILITY. --This part did not apply to an appraisal arising out of an appraisal clause in an insurance contract. Eberhardt v. Georgia Farm Bureau Mut. Ins. Co., 223 Ga. App. 478, 477 S.E.2d 907 (1996).
STRICT CONSTRUCTION. --The Arbitration Act, O.C.G.A. § 9-9-1 et seq., is in derogation of common law and must be strictly construed and not extended beyond its plain terms. Pinnacle Constr. Co. v. Osborne, 218 Ga. App. 366, 460 S.E.2d 880 (1995).
RETROACTIVITY. --The application of the Georgia Arbitration Code, O.C.G.A. § 9-9-1 et seq., to a dispute arising after its effective date to contracts entered into at an earlier date was contemplated in its enactment; the law does not provide a new remedy or repair any obligation under the contract and its application to such a dispute does not violate the constitutional prohibition against retroactive laws. Weyant v. MacIntyre, 211 Ga. App. 281, 438 S.E.2d 640 (1993).
RELATIONSHIP TO MATERIALMEN'S LIENS. --Operation of Arbitration Code and materialmen's lien law is interdependent and compatible. H.R.H. Prince Ltc. Faisal M. Saud v. Batson-Cook Co., 161 Ga. App. 219, 291 S.E.2d 249 (1982).