GA Code § 9-9-8 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 1 - General Provisions|Part 1 - Arbitration Code|§ 9-9-8. Time and Place for Hearing; Notice; Application for Prompt Hearing; Conduct of Hearing; Right to Counsel; Record; Waiver

  The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail or statutory overnight delivery, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.   The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear.   A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.   The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.   The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.   Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection.     (Code 1933, § 7-309, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-88; Code 1981, §9-9-8, 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.   Law reviews.   - For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).   JUDICIAL DECISIONS   "Rehearing" after vacation of award by Court of Appeals.    - Where the award was vacated and a "rehearing" was directed by the Court of Appeals, the trial court could properly restrict the arbitrator to the two issues found fatal to the earlier award by the Court of Appeals. Mid-American Elevator Co. v. Gemco Elevator Co., 189 Ga. App. 143, 375 S.E.2d 275 (1988).    It was prejudicial error for the trial court, in response to a judgment of the Court of Appeals vacating the original award and directing a "rehearing," to authorize the arbitrator to recompute the arbitrator's former award on the basis of the evidence before the arbitrator, without permitting either party to submit additional evidence and/or a brief, if desired. Mid-American Elevator Co. v. Gemco Elevator Co., 189 Ga. App. 143, 375 S.E.2d 275 (1988).   Record.    - Arbitrators are required to maintain a record of all pleadings, documents, testimony, and other matters, and the failure to do so by the Bet Din, the tribunal consisting of three rabbis that heard artist's business dispute with the agents meant deciding whether the artist had waived that requirement. Ghertner v. Solaimani, 254 Ga. App. 821, 563 S.E.2d 878 (2002).    Trial court did not err in denying the clients' motion to vacate an arbitration award awarding monetary damages to their home remodeling decorator in an arbitration proceeding under the Georgia Arbitration Act, O.C.G.A. § 9-9-1 et seq., as the clients' claim that the arbitrator was required to maintain a record of the arbitration proceedings and did not do so had to be rejected; the clients waived that requirement and also continued with the arbitration proceeding without further objection. Brown v. Premiere Designs, Inc., 266 Ga. App. 432, 597 S.E.2d 466 (2004).   Cross-examination.    - In an arbitration arising out of a construction contract between a subcontractor and a construction manager and others, the arbitrator's award did not have to be vacated because of a claim by the construction manager and others that the arbitrator failed to follow the procedure set forth in O.C.G.A. § 9-9-8 in failing to allow them to cross-examine the subcontractor's counsel on the issue of attorney's fees; the record showed that the arbitrator questioned the subcontractor's counsel on the issue because the construction manager and others objected that no evidence was presented on the issue, and the record did not show that the construction manager and others objected to the testimony, made any effort to cross-examine the subcontractor's counsel, or were prevented from doing so or from responding to the testimony. Johnson Real Estate Invs., LLC v. Aqua Industrials, Inc., 282 Ga. App. 638, 639 S.E.2d 589 (2006).   Denial of untimely request for court reporter.    - Arbitrator did not violate O.C.G.A. § 9-9-8(e), which allows any party to have arbitration proceedings transcribed by a court reporter, because although the doctor agreed to submit the dispute to arbitration under the AAA, the doctor failed to comply with the rules requiring advance notice to the other parties of the desire for a stenographer; the arbitrator did not violate code procedure by denying the doctor's request. Doman v. Stapleton, 272 Ga. App. 114, 611 S.E.2d 673 (2005).   Waiver.    - Requirement that arbitrators maintain a record of all pleadings, documents, testimony, and other matters could be waived pursuant to statute, and artist who arbitrated a business dispute with agents was not entitled to vacate the resulting arbitration award based on the absence of a record, since the artist waived that requirement by not requesting that such records be kept. Ghertner v. Solaimani, 254 Ga. App. 821, 563 S.E.2d 878 (2002).    Cited in Brazzel v. Brazzel, 337 Ga. App. 758, 789 S.E.2d 626 (2016), cert. denied, No. S16C1889, 2017 Ga. LEXIS 146 (Ga. 2017).