How Proceedings to Be Conducted; Oral Hearings; Notice; Consolidation of Proceedings or Hearings

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  1. Subject to any contrary agreement by the parties, the arbitration tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials; provided, however, that unless the parties have agreed that no hearings shall be held, the arbitration tribunal shall hold hearings at an appropriate stage of the proceedings, if requested by a party.
  2. The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitration tribunal for the purposes of inspection of goods, other property, or documents.
  3. All statements, documents, or other information supplied to the arbitration tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitration tribunal may rely in making its decision shall be communicated to the parties.
  4. Unless the parties agree to confer such power on the tribunal, the tribunal shall not have the power to order consolidation of proceedings or concurrent hearings; provided, however, that the parties shall be free to agree:
    1. That the arbitral proceedings shall be consolidated with other arbitral proceedings; or
    2. That concurrent hearings shall be held, on such terms as may be agreed.

(Code 1981, §9-9-46, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)


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