CopyCited 76 times | Published | Supreme Court of Georgia | Apr 8, 1996 | 266 Ga. 592, 96 Fulton County D. Rep. 1313
...Wilson DuBose, Schnader, Harrison, Segal & Lewis, Atlanta, James P. Groton, Sutherland, Asbill & Brennan, Atlanta, Robert B. Ansley, Jr., Smith, Currie & Hancock, Atlanta, *351 Frank E. Riggs, Smith Currie & Hancock, Atlanta, amici curiae. SEARS, Justice. We granted certiorari in order to determine whether OCGA section
9-9-13(b) of the Georgia Arbitration Code provides the exclusive grounds for vacating an arbitration award, or whether an award may be vacated upon a reviewing court's determination that there is no evidence to support the award....
...d that no evidence supports it. [1] Our consideration of the Georgia Arbitration Code and the general purpose of arbitration leads us to conclude that an arbitration award may be vacated only if one or more of the four statutory grounds set forth in section
9-9-13(b) is found to exist....
...rior court, which denied the application and entered an order confirming the award. The superior court based its ruling upon its finding that the homeowners had failed to establish the existence of any of the four statutory grounds set forth in OCGA §
9-9-13(b) for vacating an arbitration award....
...greement to arbitrate will be enforced; (2) The Arbitration Code expressly states that an arbitration award must be confirmed unless it is vacated or modified in accordance with the Code; and (3) Unless one of the four statutory grounds set forth in section
9-9-13(b) for vacating an arbitration award is found to exist, a reviewing court is bound to confirm the award....
...As explained infra at pages 353-354, the Court of Appeals was not authorized to examine the sufficiency of the evidence in support of the award. Hence, we disregard the appellate court's conclusion that there was no evidence to support the award, and defer to the arbitrator with regard to that issue. [6] OCGA §
9-9-1 et seq. [7] Id. §
9-9-2(c). [8] Ga. L.1988, p. 903, § 1. [9] Board of Trustees, etc. v. Alexander,
181 Ga.App. 360, 361,
352 S.E.2d 228 (1986). [10] OCGA §
9-9-13(b). [11] Raymer v. Foster & Cooper Inc.,
195 Ga.App. 200, 201,
393 S.E.2d 49 (1990) (construing the predecessor to OCGA §
9-9-13); Cotton States Mut. Ins. Co. v. Nunnally Lumber Co.,
176 Ga. App. 232, 236,
335 S.E.2d 708 (1985) (same). [12] OCGA §
9-9-12. [13] Id. §
9-9-13(d)....
...Nor do the Construction Industry Arbitration Rules, pursuant to which the arbitration in this case was conducted, impose these requirements upon the arbitrator. [19] Metropolitan Atlanta Rapid Transit Auth. v. Local 732,
261 Ga. 191, 195,
403 S.E.2d 51 (1991). [20] See OCGA §
9-9-13(b)(1) and (2). [21]
218 Ga.App. at 198,
461 S.E.2d 250. [22] See OCGA §
9-9-13(b)(3)....
CopyCited 43 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 408, 2010 Fulton County D. Rep. 2046
...r's award "if the court finds the arbitrator's award is not consistent with applicable law or not supported by a preponderance of the evidence ... all in addition to grounds for vacation of an award as set forth in the Georgia Arbitration Code [OCGA §
9-9-1 et seq....
...592, 597(3),
468 S.E.2d 350 (1996). See also Hardin Constr. Group v. Fuller Enterprises,
265 Ga. 770, 771,
462 S.E.2d 130 (1995) ("the role of the trial court should be limited so that the purpose of avoiding litigation by resorting to arbitration is not frustrated"). OCGA §
9-9-13(b) of the Arbitration Code sets forth five statutory grounds for vacating an arbitration award upon the application of a party subject to the award, as follows: The award shall be vacated on the application of a party who either participate...
...the award continued with the arbitration with notice of this failure and without objection; or (5) The arbitrator's manifest disregard of the law. Our appellate courts have consistently found that the statutory grounds for vacatur enumerated in OCGA §
9-9-13(b) are the exclusive means by which a court may vacate an arbitration award....
...r correcting one, are the exclusive grounds for such action. Georgia's Arbitration Code demands that a "court shall confirm an award upon application of a party ... unless the award is vacated or modified by the court as provided in this part." OCGA §
9-9-12....
...pplies. This does not sound remotely like a provision meant to tell a court what to do just in case the parties say nothing else. Id.,
552 U.S. at 587,
128 S.Ct. 1396. In similar fashion, this language can be applied to the mandatory feature of OCGA §
9-9-12, which directs the court to confirm an award unless the statutory grounds for vacatur are established....
...nsuming judicial review process,' [cits.], and bring arbitration theory to grief in post-arbitration process." Hall Street, supra
552 U.S. at 588,
128 S.Ct. at 1405. 2. Brookfield's contention that the arbitrator overstepped her authority under OCGA §
9-9-13(b)(3) by failing to abide by the expanded grounds for vacatur under the terms of the lease is resolved in favor of St. James by our ruling in Division 1. With respect to Brookfield's additional assertions that the arbitrator's award should be vacated under OCGA §
9-9-13(b)(3) and (b)(5), we hold that the Court of Appeals properly applied the law to the facts of this case and we find no error....
CopyCited 35 times | Published | Supreme Court of Georgia | Jul 11, 1994 | 444 S.E.2d 799, 42 A.L.R. 5th 763
...n.
In 1988, the General Assembly extensively revised the
statutory provisions governing arbitration, repealing the existing common-law arbitration and construction contract arbitration statutes and enacting the “Georgia Arbitration Code,” OCGA §
9-9-1 et seq....
CopyCited 25 times | Published | Supreme Court of Georgia | Sep 8, 2020 | 309 Ga. 675
...The trial court denied the Summerville Defendants’
Motion to Compel Arbitration, agreeing with Innovative
that the Arbitration Clause was unconscionable. The trial
court reasoned that although the [Georgia Arbitration
Code (“GAC”), OCGA §
9-9-1 et seq.,] does not prohibit the
arbitration of legal malpractice claims, Rule 1.4 (b) of the
[GRPC] ....
CopyCited 25 times | Published | Supreme Court of Georgia | Sep 11, 1995 | 265 Ga. 770, 95 Fulton County D. Rep. 2810
...Group, Inc. Sonja L. Salo, Atlanta, for Fuller Enterprises, Inc. HUNSTEIN, Justice. Fuller Enterprises, Inc., a South Carolina corporation, initiated arbitration award confirmation proceedings against Hardin Construction Group, Inc. pursuant to OCGA §
9-9-12. Hardin answered that Fuller had failed to seek confirmation within the one year period contemplated by OCGA §
9-9-12 and had failed to comply with the Nonresident Contractors Act, OCGA §
48-13-30 et seq., and served discovery requests related to these defenses....
...We hold that under limited circumstances it is and that the Court of Appeals erroneously reversed the denial of Fuller's motion for a protective order. *131 We agree with the Court of Appeals that an arbitration award confirmation proceeding filed pursuant to the Georgia Arbitration Code, OCGA §
9-9-1 et seq., is a special statutory proceeding, not a civil action....
...Nunnally Lumber Co.,
176 Ga. App. 232(4),
335 S.E.2d 708 (1985). Consequently, a party seeking confirmation of an arbitration award is entitled to confirmation unless the trial court vacates or modifies the award pursuant to the specific statutory grounds set forth in OCGA §§
9-9-13 and
9-9-14. [2] However, the statutory scheme for confirmation contemplates certain prerequisites to maintaining an arbitration confirmation action. OCGA §
9-9-12 provides that a party seeking confirmation of an arbitration award must apply for confirmation with a trial court "within one year after its delivery to him...." Thus, a party seeking confirmation of an arbitration award must comply with the one year time requirement....
...All the Justices concur. NOTES [1] Because of the procedural stance of this case, we are not called upon to determine whether an arbitration award confirmation proceeding is an action for purposes of the Nonresident Contractors Act. See OCGA §
48-13-37. [2] OCGA §§
9-9-13 and
9-9-14 set forth the standard of review of the trial court where a party seeks to vacate or modify an arbitration award....
CopyCited 18 times | Published | Supreme Court of Georgia | Nov 30, 2006 | 281 Ga. 361, 2006 Fulton County D. Rep. 3702
...The County thereafter ordered Yates to halt construction and hired a third party to complete the project. Yates filed a demand for arbitration and, after a full hearing, won an award of monetary damages, which was confirmed by the trial court and affirmed on appeal. [1] See OCGA §
9-9-12; Bryan County v....
...blic works contract, I would agree with the Court of Appeals and hold that the applicability of Bryan County's res judicata defense was an issue to be decided by the arbitrator. Accordingly, I respectfully dissent. The Georgia Arbitration Code, OCGA §
9-9-1 et seq....
...s, interests which do not attach to the same degree to confirmation of arbitration awards, I would limit application of this presumption to cases in which the proceeding giving rise to a claim of res judicata involved a prior arbitration. See OCGA §§
9-9-12,
9-9-13 (arbitration award may be vacated by trial court only if arbitrator exceeds authority or manifestly disregards law or award procured by fraud).
CopyCited 8 times | Published | Supreme Court of Georgia | Oct 7, 2013 | 749 S.E.2d 685
...ee meeting for February 2, 2010, referring to House Bill 991 as “LOST; Baseball arbitration.”
Arbitration is a matter of contract. Helms v. Franklin Builders, Inc.,
305 Ga. App. 863, 865 (700 SE2d 609) (2010). The GeorgiaArbitration Code, OCGA §
9-9-1 et seq., references only disputes with respect to which the parties have contractually agreed to submit to arbitration....
CopyCited 5 times | Published | Supreme Court of Georgia | Oct 16, 1995 | 265 Ga. 728
...450, 451,
396 S.E.2d 218 (1990). [8] Obong,
216 Ga.App. at 60,
453 S.E.2d 84. [9] We note that in the future, for the sake of clarity, a more prudent course would be to send cases such as these to arbitration pursuant to the Georgia Arbitration Code, OCGA §
9-9-1 et seq., which provides for binding arbitration....
CopyCited 4 times | Published | Supreme Court of Georgia | Sep 27, 1990 | 260 Ga. 450
...cases is based on a permissible classification. Cf. Sellers v. Home Furnishing Co.,
235 Ga. 831 (222 SE2d 34) (1976). 6. Appellant argues that Rule 1000 violates the provisions of the Georgia Arbitration Statute set out in the Civil Practice Act at §
9-9-1 et seq....
...in that Rule 1000 provides for cases to be decided by arbitration without stipulation of the parties. He ignores the fact that the arbitration provided by the CPA, a different procedure dealing with different circumstances, is not applicable here. The arbitration provided by OCGA §
9-9-1 et seq., is binding arbitration which is entered into pursuant to arbitration agreements between the parties....
