O.C.G.A.

O.C.G.A. § 9-9-18 (2019)

Commencement or continuation of proceedings upon death or incompetency of party

✓ 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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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 distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict.

History

Code 1981, § 9-9-18, enacted by Ga. L. 1988, p. 903, § 1.

PART 2 INTERNATIONAL COMMERCIAL ARBITRATION CODE

Annotations

Editor’s notes. Ga. L. 2012, p. 961, § 1/SB 383, effective July 1, 2012, repealed the Code sections formerly codified at this part and enacted the current part. The former part consisted of Code Sections 9-9-30 through 9-9-43, relating to international transactions, and was based on Code 1981, §§ 99-30 through 9-9-43, enacted by Ga. L. 1988, p. 903, § 2. Ga. L. 2012, p. 961, § 2/SB 383, not codified by the General Assembly, provides: “This Act shall become effective on

July 1, 2012, and shall apply to international arbitration agreements entered into on and after such date. This Act shall not apply to any international arbitration agreements entered into prior to July 1, 2012, to which the provisions of the former Part 2 of Article 1 of Chapter 9 of Title 9 shall apply.” Law reviews. For article on the 2012 enactment of this part, see 29 Ga. St. U.L. Rev. 334 (2012).