Appointment of Arbitrators; Immunity From Liability

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  7. Appointment of Arbitrators; Immunity From Liability

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  1. No person shall be precluded by reason of nationality from acting as an arbitrator, unless otherwise agreed by the parties.
  2. The parties shall be free to agree on a procedure to appoint the arbitrator or arbitrators, subject to the provisions of subsections (d) and (e) of this Code section.
  3. If the parties do not agree on the procedure to appoint the arbitrator or arbitrators:
    1. In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the court specified in Code Section 9-9-27; or
    2. In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator within 30 days, the arbitrator shall be appointed, upon request of a party, by the court specified in Code Section 9-9-27.
  4. Where, under an appointment procedure agreed upon by the parties:
    1. A party fails to act as required under such procedure;
    2. The parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or
    3. A third party, including an institution, fails to perform any function entrusted to it under such procedure,

      any party may request the court specified in Code Section 9-9-27 to take the necessary measure, unless the arbitration agreement on the appointment procedure provides other means for securing the appointment.

  5. A decision on a matter entrusted by subsection (c) or (d) of this Code section to the court specified in Code Section 9-9-27 shall not be subject to appeal. The court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the arbitration agreement and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.
  6. An arbitrator shall not be liable for:
    1. Anything done or omitted in the discharge or purported discharge of arbitral functions, unless the act or omission is shown to have been in bad faith; or
    2. Any mistake of law, fact, or procedure made in the course of arbitration proceedings or in the making of an arbitration award.
  7. Subsection (f) of this Code section shall apply to an employee or agent of an arbitrator and to an appointing authority, arbitral institution, or person designated or requested by the parties to appoint or nominate an arbitrator or provide other administrative services in support of the arbitration.

(Code 1981, §9-9-32, enacted by Ga. L. 2012, p. 961, § 1/SB 383; Ga. L. 2017, p. 774, § 9/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in the first sentence of subsection (e).


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