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2018 Georgia Code 9-9-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-9-5 Case Law from Google Scholar Amendments to OCGA 9-9-5

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-9-5. Limitation of time as bar to arbitration.

  1. If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The court has discretion in deciding whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by that party's participation in the arbitration.
  2. Failure to make this application to the court shall not preclude a party from asserting before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for vacating or modifying an award.

(Code 1933, § 7-306, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-85; Code 1981, §9-9-5, as redesignated by Ga. L. 1988, p. 903, § 1.)

JUDICIAL DECISIONS

Role of arbitrator.

- Court of Appeals erroneously held that the arbitrator, and not the court, should have decided whether arbitration was barred by res judicata, as: (1) no presumption existed that an arbitrator was in a better position than a court to apply a legal doctrine such as res judicata; (2) the parties did not expressly reserve the issue for arbitration; and (3) there was no presumption under Georgia law that the application of a procedural bar such as res judicata was a matter to be determined exclusively by an arbitrator. Bryan County v. Yates Paving & Grading Co., 281 Ga. 361, 638 S.E.2d 302 (2006).

RESEARCH REFERENCES

ALR.

- Which statute of limitations applies to efforts to compel arbitration of a dispute, 77 A.L.R.4th 1071.

What statute of limitations applies to action to compel arbitration pursuant to § 301 of Labor Management Relations Act (29 USCS § 185), 96 A.L.R. Fed. 378.

Cases Citing O.C.G.A. § 9-9-5

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Bryan Cnty. v. Yates Paving & Grading Co., 638 S.E.2d 302 (Ga. 2006).

Cited 18 times | Published | Supreme Court of Georgia | Nov 30, 2006 | 281 Ga. 361, 2006 Fulton County D. Rep. 3702

...This does not mean, however, that a trial court is prohibited from considering certain procedural mechanisms that may eliminate substantive claims from consideration by an arbitrator, even though such mechanisms would effectively dispose of the underlying claims on the merits. See OCGA § 9-9-5(a) (trial court has discretion to determine whether "a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court.") Res judicata acts as a procedural bar to claims that were raised or could have been raised in a prior action....
...; the parties did not expressly reserve the issue for arbitration; and there is no presumption under Georgia law that the application of a procedural bar such as res judicata is a matter to be determined exclusively by an arbitrator. See, e.g., OCGA § 9-9-5(a)....
...We do not hold, nor do we imply in our opinion, that res judicata can never be an issue for arbitration. [1] When raised by the parties, the legislature also granted trial courts limited discretion to consider whether the claim sought to be arbitrated is barred by limitation of time. OCGA § 9-9-5(a)....