§ 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
Full Text of § 9-9-13
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.