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§ 9-9-13.Vacation of award by court; application; grounds; rehearing; appeal of order

Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2003 · Last verified July 17, 2026

In one sentenceA party may ask the court to vacate an arbitration award within three months of delivery, and the court must do so if the applicant’s rights were prejudiced by corruption, fraud, arbitrator partiality, an arbitrator exceeding authority, an unwaived procedural failure, or manifest disregard of the law.

Full Text of § 9-9-13

Text sizeJump to: (a) (b) (c) (d) (e)

(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made;
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or
(5) The arbitrator’s manifest disregard of the law.
(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as provided by this part.
(d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court’s ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.

Plain-English Summary

Vacating an award is arbitration’s version of overturning a verdict, and this section keeps that remedy narrow and fast-moving. Subsection (a) gives a party three months from delivery of the award to apply — miss that window and the challenge is gone, regardless of how strong the underlying complaint might be.

Subsection (b) lists the grounds available to a party who took part in the arbitration or was served with a demand for it. The court must vacate if that party’s rights were prejudiced by corruption, fraud, or misconduct in procuring the award; by partiality in an arbitrator who was supposed to be neutral; by arbitrators overstepping their authority or executing it so imperfectly that no final, definite award resulted; by a failure to follow this part’s procedures, unless the objecting party kept participating after learning of the failure without objecting; or by the arbitrator’s manifest disregard of the law. Subsection (c) covers the different situation of a party who never participated and was never served with a demand or an order to compel — that party can win vacation not only on the subsection (b) grounds but also by showing there was no valid arbitration agreement, that the agreement was not complied with, or that the claim was time-barred.

Two guardrails matter here. Subsection (d) shuts down one common argument: an award is not vacated just because the relief it grants is something a court of law or equity could not or would not have ordered — arbitrators are not confined to the remedies available in a courtroom. And subsection (e) explains what comes next after vacation: the court may send the matter back for rehearing before the same or new arbitrators, adjusting any time limits in the agreement to run from the date of the order, and the court’s ruling on vacation is treated as a final judgment that can be appealed under this part’s appeal provisions.

Frequently Asked Questions

How long does a party have to apply to vacate an arbitration award?

Three months after delivery of a copy of the award to the applicant.

What grounds allow a court to vacate an award for a party who took part in the arbitration?

Prejudice from corruption, fraud, or misconduct in procuring the award; partiality of a neutral arbitrator; an arbitrator overstepping authority or so imperfectly executing it that no final award resulted; an unwaived procedural failure; or the arbitrator’s manifest disregard of the law.

Can a court vacate an award just because it grants relief a court could not have ordered?

No. Subsection (d) states that fact is not a ground for vacating or refusing to confirm the award.

What happens after a court vacates an arbitration award?

The court may order a rehearing before the same arbitrators or newly appointed ones, and its ruling constitutes a final judgment subject to appeal.

Can a party who never participated in the arbitration or was never served with a demand still get the award vacated?

Yes, under subsection (c), on the subsection (b) grounds or by showing no valid agreement existed, the agreement was not complied with, or the claim was time-barred.

Amendment History

Code 1933, § 7-314, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-93; Code 1981, § 9-9-13, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2003, p. 820, § 2.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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