O.C.G.A.
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.
(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action. (b) Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators. (c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration. (d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.
History
Code 1933, § 7-310, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-89; Code 1981, § 9-9-9, as redesignated by Ga. L. 1988, p. 903, § 1.
Annotations
Law reviews. For article, “Methods for Discovery in Arbitration,” see 13 Ga. St. B.J. 22 (2008).
JUDICIAL DECISIONS Arbitrator not required to issue subpoenas at party’s request. - O.C.G.A. § 9-9-9(a) did not require an arbitrator to issue subpoenas on behalf of a party, but only provided that an arbitrator “may” issue subpoenas. Further, the buyers of a home proceeded with the arbi-
tration against their builder despite the lack of subpoenas or a witness list, thereby waiving any error. America’s Home Place, Inc. v. Cassidy, 301 Ga. App. 233, 687 S.E.2d 254, 2009 Ga. App. LEXIS 1351 (2009).
RESEARCH REFERENCES ALR. Discovery in federal arbitration proceedings under discovery provision of Federal Arbitration Act (FAA), 9 USCS § 7,
and Federal Rules of Civil Procedure, as permitted by Fed. R. Civ. P. 81(a)(6)(B), 45 A.L.R. Fed. 2d 51.
Notes of Decisions
Am.'s Home Place, Inc. v. Cassidy, 687 S.E.2d 254 (Ga. Ct. App. 2009).
· cites it 8× “The Code provides that an arbitration award is subject to vacatur where the rights of a party were prejudiced by “[a] failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and…”
Wise v. Tidal Const. Co., Inc., 583 S.E.2d 466 (Ga. Ct. App. 2003).
· cites it 2× “OCGA § 9-9-9. Arbitration is intended and designed to provide a quick and cost effective method of dispute resolution.”
Schinazi Et Al. v. Eden., 830 S.E.2d 531 (Ga. Ct. App. 2019).
· cites it 2× “2d 540 (noting that discovery is a limited right under the Georgia Arbitration Code); see also OCGA § 9-9-9 (b) ("Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures…”
Hundley v. Greene, 461 S.E.2d 250 (Ga. Ct. App. 1995).
· cites it 4× “The arbitrator erred in entering findings and an award in favor of non-parties with whom appellants had no arbitration agreement, who refused to participate in the arbitration, and against whom appellants could assert no counterclaim and were deprived of full rights of discovery…”
McINTOSH v. Gordy, 707 S.E.2d 609 (Ga. Ct. App. 2011).
· cites it 2× “” Compare OCGA § 9-9-9 (authorizing arbitrators to issue subpoenas that “upon application to the court by a party or the arbitrators, [are] enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action”).”
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