Georgia § 9-9-13 - Vacation of award by court; application; grounds; rehearing; appeal of order.

§ 9-9-13. Vacation of award by court; application; grounds; rehearing; appeal of order.

An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant. The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by: Corruption, fraud, or misconduct in procuring the award; Partiality of an arbitrator appointed as a neutral; An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; 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 without objection; or The arbitrator's manifest disregard of the law. The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that: The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section; A valid agreement to arbitrate was not made; The agreement to arbitrate has not been complied with; or The arbitrated claim was barred by limitation of time, as provided by this part. The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part. (Code 1933, § 7-314, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-93; Code 1981, § 9-9-13 , as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2003, p. 820, § 2.) Editor's notes. - Ga. L. 2003, p. 820, § 9, not codified by the General Assembly, provides that this Act "shall apply to all civil actions filed on or after July 1, 2003." Law reviews. - For article, "Recent Developments in Construction Law," see 5 Ga. St. B.J. 24 (1999). For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003). For article, "Georgia General Assembly Adopts 'Manifest Disregard' as a Ground for Vacating Arbitration Awards: How Will Georgia Courts Treat the New Standard?," see 9 Ga. St. B.J. 10 (2004). For article, "Comprehensive Arbitration of Domestic Relations Cases in Georgia," see 14 Ga. St. B.J. 20 (2008). For note, "The Addition of the 'Manifest Disregard of the Law' Defense to Georgia's Arbitration Code and Potential Conflicts with Federal Law," see 21 Ga. St. U.L. Rev. 501 (2004). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004). For article, "A Re-Evalution of Arbitration in Light of Class Actions and Appeal Rights - Is It Still Worth It?," see 11 Ga. St. B.J. 12 (2005). For survey article on construction law, see 59 Mercer L. Rev. 55 (2007). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For annual survey on construction law, see 61 Mercer L. Rev. 65 (2009). For annual survey on construction law, see 68 Mercer L. Rev. 83 (2016). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 28 (2003). For note, "'A Manifest Disregard of Arbitration?' An Analysis of Recent Georgia Legislation Adding 'Manifest Disregard of the Law' to the Georgia Arbitration Code as a Statutory Ground for Vacatur," see 39 Ga. L. Rev. 259 (2004). For note, "Alive But Not Well: Manifest Disregard After Hall Street," see 44 Ga. L. Rev. 285 (2009).