(a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1988, and to disputes arising on or after July 1, 1988, in agreements specified in subsection (c) of this Code section.
§ 9-9-2.Applicability; exclusive method
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2019 · Last verified July 17, 2026
In one sentenceThis section sets the Code’s effective date for covered agreements, makes it the exclusive method for enforcing arbitration agreements it covers, and excludes ten categories — including medical malpractice, insurance, collective bargaining, small consumer loans, and uninitialed employment or residential real estate clauses — from its reach.
Full Text of § 9-9-2
(b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, shall apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1, 1978, and July 1, 1988, and on and after July 1, 1988, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.
(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(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, as defined in Code Section 33-1-2; 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, as defined in Title 11, the “Uniform Commercial Code,” under subsection (1) of Code Section 11-2-105 and subsection (a) of Code Section 11-9-102;
(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in subsection (a) of Code Section 10-1-392, relating to definitions in the “Fair Business Practices Act of 1975”;
(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.
Plain-English Summary
This section draws the boundary lines around the entire Georgia Arbitration Code. Subsection (a) sets the timing: agreements made before July 1, 1988 for construction-related disputes fall under an older version of the law, while agreements made on or after that date — and disputes arising on or after that date — fall under the part in force today. Subsection (b) singles out construction contracts, construction warranties, and architectural or engineering design agreements for this transition treatment.
Subsection (c) does the heavier work. It states the general rule that any written agreement to arbitrate is enforceable under this part, and that this part is the exclusive route for enforcing it — a court cannot reach for some other statute or common-law theory to compel or resist arbitration once this part applies. Then it lists ten categories of agreements the part does not reach at all: medical malpractice arbitration, covered by a separate article; collective bargaining agreements; insurance contracts; subjects already governed by another arbitration statute; small consumer loans of $25,000 or less; consumer goods purchases; consumer transactions under the Fair Business Practices Act; residential real estate contracts unless the arbitration clause is separately initialed; employment contracts unless likewise initialed; and pre-dispute agreements to arbitrate future personal injury or wrongful death tort claims.
The initialing requirements in paragraphs (8) and (9) matter in practice. A boilerplate arbitration clause buried in a home-purchase contract or an employment application does not bind the parties under this part unless every signatory initials that specific clause — a small formality that protects people who might otherwise sign away their right to sue without noticing.
Frequently Asked Questions
Does the Georgia Arbitration Code apply to an arbitration clause signed today?
It depends on the kind of agreement. For construction contracts, construction warranties, and architectural or engineering design agreements under subsection (b), this part applies if the agreement was made on or after July 1, 1988. For the general run of written arbitration agreements under subsection (c), this part applies if the dispute arose on or after July 1, 1988, regardless of when the parties signed the agreement.
Can a Georgia court enforce an arbitration agreement using some statute other than the Georgia Arbitration Code?
No, not for agreements covered by this part. Subsection (c) makes this part the exclusive means of enforcing a covered arbitration agreement.
Is an arbitration clause in a residential real estate purchase contract enforceable under this part?
Only if the clause was initialed by all signatories when the agreement was signed. Without that initialing, paragraph (c)(8) excludes the clause from this part. That initialing requirement does not reach agreements between or among real estate brokers or agents, which the exclusion leaves untouched.
Does this part cover an agreement to arbitrate future personal injury claims signed before any injury occurs?
No. Paragraph (c)(10) excludes agreements to arbitrate future claims for personal bodily injury or wrongful death based on tort.
Are insurance contracts covered by the Georgia Arbitration Code?
No, with one exception. Paragraph (c)(3) excludes contracts of insurance generally, but it does not invalidate arbitration clauses in contracts between insurance companies.
Amendment History
Code 1933, § 7-302, enacted by Ga. L. 1978, p. 2270, § 1; Ga. L. 1979, p. 393, § 1; Code 1981, § 9-9-81; Code 1981, § 9-9-2, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 1997, p. 1556, § 1; Ga. L. 2001, p. 362, § 25; Ga. L. 2009, p. 1001, § 1/HB 189; Ga. L. 2013, p. 141, § 9/HB 79; Ga. L. 2019, p. 337, § 1-94/SB 132.
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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