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2018 Georgia Code 9-9-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-9-7 Case Law from Google Scholar Amendments to OCGA 9-9-7

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-9-7. Appointment of arbitrators.

  1. 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.
  2. 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.
  3. An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.

(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.)

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).

Cited in Cotton States Mut. Ins. Co. v. Nunnally Lumber Co., 176 Ga. App. 232, 335 S.E.2d 708 (1985) (decided under former § 9-9-87).

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

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