O.C.G.A.

O.C.G.A. § 9-9-7 (2019)

Appointment of arbitrators

✓ 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) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there is only one arbitrator, the term “arbitrators” shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if: (1) The agreement does not provide for a method of appointment; (2) The agreed method fails; (3) The agreed method is not followed for any reason; or (4) The arbitrators fail to act and no successors have been appointed.

(c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.

History

Code 1933, § 7-308, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-87;

Code 1981, § 9-9-7, as redesignated by Ga. L. 1988, p. 903, § 1.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the provisions, decisions under former Code Section 9-9-87 are included in the annotations for this Code section. Contractual arbitration agreement providing for disputes to be arbitrated by specific entity. - Superior court correctly dismissed homeowners’

motion for the appointment of an arbitrator under O.C.G.A. § 9-9-7 because the homeowners had agreed with their builders to arbitrate any dispute with a specific entity under that entity’s rules and procedures. Torres v. Piedmont Builders, Inc., 300 Ga. App. 872, 686 S.E.2d 464, 2009 Ga. App. LEXIS 1292 (2009).

RESEARCH REFERENCES ALR. Validity and effect under state law of arbitration agreement provision for alternative method of appointment of arbitrator where one party fails or refuses to follow appointment procedure specified in agreement, 75 A.L.R.5th 595.

Validity and effect under Federal Arbitration Act (9 USCA § 1 et seq.) of arbitration agreement provision for alternative method of appointment of arbitrator where one party fails or refuses to follow appointment procedure specified in agreement, 159 A.L.R. Fed. 1.

Notes of Decisions

Cited in 4 cases, 1994–2020 · leading case: Aaa Restoration Co., Inc. v. Peek, 775 S.E.2d 627 (Ga. Ct. App. 2015).

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Aaa Restoration Co., Inc. v. Peek, 775 S.E.2d 627 (Ga. Ct. App. 2015). · cites it 12× “114 ( 746 SE2d 680 ) (2013), to find that this unavailability rendered the arbitration clause void and unenforceable and that therefore the appointment of a substitute arbitrator pursuant to OCGA § 9-9-7 (b) was not required. For reasons explained more fully below, we agree that…”

Torres v. Piedmont Builders, Inc., 686 S.E.2d 464 (Ga. Ct. App. 2009). · cites it 4× “(“Owners”) appeal from the dismissal of their application to appoint an arbitrator pursuant to OCGA § 9-9-7 (b) (1), contending that the superior court erred in ruling that the arbitration of their construction dispute should be administered by the arbitration group named in…”

Obong v. Ekereke, 453 S.E.2d 84 (Ga. Ct. App. 1994). · cites it 2× “OCGA § 9-9-7 (a). Judgment reversed. Birdsong, P.”

Gege Odion v. Avesis, Inc. (Ga. Ct. App. 2020). · cites it 2× “See also OCGA § 9-9-7 be challenged, since by agreement of the parties, the rules authorizing such determination are considered part of the arbitration agreement.”

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.