Before or during arbitral proceedings, a party may request from a court an interim measure of protection, and a court may grant such measure, and such request shall not be deemed to be incompatible with an arbitration agreement.
(Code 1981, §9-9-30, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)
Law reviews.- For annual review of admiralty law, see 69 Mercer L. Rev. 1001 (2018).
JUDICIAL DECISIONS
Authority of court.
- O.C.G.A. § 9-9-30 did not authorize the court to order a charterer and a guarantor to provide security to ship owners pending an arbitration in London as § 9-9-30 does not authorize the creation of interim measures of protection but instead guarantees that resort to a court for interim measures will not waive the right to arbitrate; the fact that O.C.G.A. § 9-9-38 uses "interim measures" in describing an arbitrator's authority does not mean that the same authority is granted to the courts. SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC, 875 F.3d 609 (11th Cir. 2017).