Alternative Dispute Resolution
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Statutes
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. (Ga. Code Ann., § 9-9-3). This rule does not apply to the following: (1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers; (3) Any contract of insurance; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods; (7) Any contract involving consumer acts or practices or involving consumer transactions; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; or (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort. (Ga. Code Ann., § 9-9-2)
Cases
The Georgia Arbitration Code provides that a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable and confers jurisdiction on the courts of Georgia to enforce it and to enter judgment on any award. O.C.G.A. § 9-9-3. See also Wedemeyer v. Gulfstream Aerospace Corp., 324 Ga. App. 47, 749 S.E.2d 241 (2013); Saturna v. Bickley Construction Co., 252 Ga. App. 140, 555 S.E. 2d 825 (2001)
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Contributors
Brittany S. Ogden
The statutory information was edited and reviewed with the support of MultiState
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