O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-9-10 (2019)

Award to be in writing; copies furnished; time of making award; waiver

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail or statutory overnight delivery, return receipt requested, or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.

History

Code 1933, § 7-311, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-90; Code 1981, § 9-9-10, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 3.

Annotations

Editor’s notes. Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the provisions, decisions under

former Code Section 9-9-90 are included in the annotations for this Code section.

Construction with § 9-9-13. - In the absence of a transcript of an arbitration hearing, the superior court erred in vacating an arbitration award in favor of a plumbing company pursuant to O.C.G.A § 9-9-13(b)(5) because nothing in the record showed that the panel had the specific intent to disregard the appropriate law; further, the arguments provided by the company did not alter this result, as its supposition did not provide viable concrete evidence that the arbitration panel purposefully intended to disregard applicable law. ABCO Builders, Inc. v. Progressive Plumbing, Inc., 282 Ga. 308, 647 S.E.2d 574, 2007 Ga. LEXIS 533 (2007). Objection to timeliness waived. - Where the record in a case contains no showing that petitioners seeking to vacate award objected to the timeliness of the award prior to its issuance and delivery to them, their contention that the trial court erred in confirming the award is without merit. Diversified Ass’y, Inc. v. Ra-Lin & Assocs., 186 Ga. App. 904, 368 S.E.2d 786, 1988 Ga. App. LEXIS 526 (1988) (decided under former § 9-9-90). Arbitrator’s failure to explicitly address issue. - Under O.C.G.A. § 9-910(a), an arbitrator in a home construction dispute was only required to issue an award in writing signed by the arbitrators joining in the award, and there was no mandate that the award include specific findings or reasons or that it expressly address each and every issue and collateral issue arising in the arbitration, so the

arbitrator adequately considered the homeowners’ counterclaim when, by awarding them no money, the arbitrator found the counterclaim invalid except for an amount credited against the builder’s award. Marchelletta v. Seay Constr. Servs., 265 Ga. App. 23, 593 S.E.2d 64, 2004 Ga. App. LEXIS 4 (2004). Failure to specify formula. - Vacatur of the arbitrator’s award was upheld because while the lack of an amount was not fatal to the arbitrator’s award, paragraph three of the arbitrator’s injunctive relief in the final award failed to provide a specific formula for the general partner and the controlling stockholder’s obligation to reimburse the company. Wells v. Wells-Wilson, 360 Ga. App. 646, 860 S.E.2d 185, 2021 Ga. App. LEXIS 368 (2021). Delivery of award. - Trial court had no evidence on which to base the court’s determination that the former employee had failed to file any timely motions at the time the court signed the order confirming the arbitration award because the former employer’s petition, which was the only pleading before the trial court when the court rendered the court’s decision, did not allege or present any evidence showing that the arbitrators delivered the award to the employee in the manner prescribed by the Georgia Arbitration Act, O.C.G.A. § 9-9-1 et seq., or when such delivery occurred. Mughni v. Beyond Management Group, Inc., 349 Ga. App. 398, 825 S.E.2d 829, 2019 Ga. App. LEXIS 168 (2019).

RESEARCH REFERENCES ALR. Referee’s failure to file report within time specified by statute, court order, or

stipulation as terminating reference, 71 A.L.R.4th 889.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1994–2021 · leading case: ABCO Builders, Inc. v. Progressive Plumbing, Inc., 647 S.E.2d 574 (Ga. 2007).
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ABCO Builders, Inc. v. Progressive Plumbing, Inc., 647 S.E.2d 574 (Ga. 2007). · cites it 2× “See OCGA § 9-9-10. In Montes , a finding of manifest disregard occurred only because the arbitration award itself made an explicit recital of the winning party’s argument that the correct law should be ignored rather than followed.”
Cypress Commc'ns, Inc. v. Zacharias, 662 S.E.2d 857 (Ga. Ct. App. 2008). · cites it 6× “The court found that OCGA § 9-9-10 (a) of the Georgia Arbitration Code, codified at OCGA § 9-9-1 et seq.”
Faiyaz v. Dicus, 537 S.E.2d 203 (Ga. Ct. App. 2000). · cites it 4× “Faiyaz contends that the trial court erred in confirming the award and entering judgment thereon because the arbitrator did not deliver the award in the manner required by OCGA § 9-9-10 (a). Faiyaz asserts that the arbitrator merely faxed a copy of the award to its counsel and…”
Greene v. Hundley, 468 S.E.2d 350 (Ga. 1996). “18 See § 9-9-10; Cotton States, 176 Ga. App. at 234 (in rendering an award, arbitrators are required only to make “a final and definite award upon the submitted subject matter.”
Race, Inc. v. Shell, 442 S.E.2d 767 (Ga. Ct. App. 1994). · cites it 4× “On June 20, 1990, appellant sent written objections to the award to each of the arbitrators, taking exception to the timeliness of the award and the mode of delivery pursuant to OCGA § 9-9-10. Appellee subsequently filed this action for entry of judgment on the arbitrators’…”
Magwell, LLC. v. Susan Wells-Wilson (Ga. Ct. App. 2021). · cites it 12× “OCGA § 9-9-10 (b) provides: 9 An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after…”
Mohammed Abdul Hafeez Mughni v. Beyond Mgmt. Grp., Inc. (Ga. Ct. App. 2019). · cites it 2× “” OCGA § 9-9-10 (a). BMG’s Petition, which was the only pleading before the trial court when it rendered its decision, did not allege, or present any evidence showing, that the arbitrators delivered the Award to Hafeez in the manner prescribed in the Act or when such delivery…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.