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2018 Georgia Code 9-9-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-9-53 Case Law from Google Scholar Amendments to OCGA 9-9-53

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-9-53. Arbitration award.

  1. An arbitration award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitration tribunal shall suffice, provided that the reason for any omitted signature is stated.
  2. The arbitration award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the arbitration award is an arbitration award on agreed terms pursuant to Code Section 9-9-52.
  3. The arbitration award shall state its date and the place of arbitration as determined in accordance with subsection (a) of Code Section 9-9-42. The arbitration award shall be deemed to have been made at that place.
  4. After the arbitration award is made, a copy signed by the arbitrators in accordance with subsection (a) of this Code section shall be delivered to each party.
  5. The arbitrators may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel, to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.

(Code 1981, §9-9-53, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 9-9-39 are included in the annotations for this Code section.

Degree of specificity required in written statement of award.

- There is no requirement that the arbitrator's award include specific findings or reasons absent a request by the parties under subsection (a) of former O.C.G.A. § 9-9-39, or that the award expressly address each and every issue and collateral issue arising in an arbitration. Trend-Pak of Atlanta, Inc. v. Arbor Commercial Div., Inc., 197 Ga. App. 137, 397 S.E.2d 592 (1990) (decided under former O.C.G.A. § 9-9-39).

Specific findings not required absent request.

- Trial court properly confirmed an arbitrator's award in a breach of contract action between a wastewater treatment company and a city as: (1) that part of the arbitrator's award which discussed the terms "maintenance" and "capital expenditures" was not inconsistent with the definitions contained in the contract; and (2) the award was based not only on the company's failure to make necessary repairs, but on the deterioration which resulted from that failure. Further, there was no requirement that the arbitrator's award include specific findings or reasons absent a request by the parties under former O.C.G.A. § 9-9-39(a). Operations Mgmt. Int'l v. City of Forsyth, 288 Ga. App. 469, 654 S.E.2d 438 (2007) (decided under former O.C.G.A. § 9-9-39).

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