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2018 Georgia Code 9-9-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-9-38 Case Law from Google Scholar Amendments to OCGA 9-9-38

TITLE 9 CIVIL PRACTICE

Section 9. Arbitration, 9-9-1 through 9-9-84.

ARTICLE 1 GENERAL PROVISIONS

9-9-38. Interim measures.

  1. Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate.
  2. The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitration tribunal's own initiative.
  3. The arbitration tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
  4. The arbitration tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.
  5. If a measure ordered under subsection (a) of this Code section proves to have been unjustified from the outset, the party which obtained its enforcement may be obliged to compensate the other party for damage resulting from the enforcement of such measure or from its providing security in order to avoid enforcement. This claim may be put forward in the pending arbitral proceedings.
  6. An interim measure issued by an arbitration tribunal shall be recognized as binding and, unless otherwise provided by the arbitration tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of Code Section 9-9-39.
  7. The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure.
  8. Where recognition or enforcement of an interim measure is sought in a court of this state, such court may order the requesting party to provide appropriate security if the arbitration tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.

(Code 1981, §9-9-38, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)

JUDICIAL DECISIONS

Use of "interim measures" in describing arbitrator's authority.

- O.C.G.A. § 9-9-30 did not authorize the court to order a charterer and a guarantor to provide security to ship owners pending an arbitration in London as § 9-9-30 does not authorize the creation of interim measures of protection but instead guarantees that resort to a court for interim measures will not waive the right to arbitrate; the fact that O.C.G.A. § 9-9-38 uses "interim measures" in describing an arbitrator's authority does not mean that the same authority is granted to the courts. SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC, 875 F.3d 609 (11th Cir. 2017).

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