GA Code § 9-9-10 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 1 - General Provisions|Part 1 - Arbitration Code|§ 9-9-10. Award to Be in Writing; Copies Furnished; Time of Making Award; Waiver

  The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail or statutory overnight delivery, return receipt requested, or as provided in the agreement.   An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.     (Code 1933, § 7-311, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-90; Code 1981, §9-9-10, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the provisions, decisions under former Code Section 9-9-90 are included in the annotations for this Code section.    Construction with § 9-9-13. - In the absence of a transcript of an arbitration hearing, the superior court erred in vacating an arbitration award in favor of a plumbing company pursuant to O.C.G.A § 9-9-13(b)(5) because nothing in the record showed that the panel had the specific intent to disregard the appropriate law; further, the arguments provided by the company did not alter this result, as its supposition did not provide viable concrete evidence that the arbitration panel purposefully intended to disregard applicable law. ABCO Builders, Inc. v. Progressive Plumbing, Inc., 282 Ga. 308, 647 S.E.2d 574 (2007).   Objection to timeliness waived.    - Where the record in a case contains no showing that petitioners seeking to vacate award objected to the timeliness of the award prior to its issuance and delivery to them, their contention that the trial court erred in confirming the award is without merit. Diversified Ass'y, Inc. v. Ra-Lin & Assocs., 186 Ga. App. 904, 368 S.E.2d 786 (1988) (decided under former § 9-9-90).   Arbitrator's failure to explicitly address issue.    - Under O.C.G.A. § 9-9-10(a), an arbitrator in a home construction dispute was only required to issue an award in writing signed by the arbitrators joining in the award, and there was no mandate that the award include specific findings or reasons or that it expressly address each and every issue and collateral issue arising in the arbitration, so the arbitrator adequately considered the homeowners' counterclaim when, by awarding them no money, the arbitrator found the counterclaim invalid except for an amount credited against the builder's award. Marchelletta v. Seay Constr. Servs., 265 Ga. App. 23, 593 S.E.2d 64 (2004).   Delivery of award.    - Trial court had no evidence on which to base the court's determination that the former employee had failed to file any timely motions at the time the court signed the order confirming the arbitration award because the former employer's petition, which was the only pleading before the trial court when the court rendered the court's decision, did not allege or present any evidence showing that the arbitrators delivered the award to the employee in the manner prescribed by the Georgia Arbitration Act, O.C.G.A. § 9-9-1 et seq., or when such delivery occurred. Mughni v. Beyond Management Group, Inc., 349 Ga. App. 398, 825 S.E.2d 829 (2019).    Cited in Faiyaz v. Dicus, 245 Ga. App. 55, 537 S.E.2d 203 (2000).   RESEARCH REFERENCES   ALR.   - Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.