Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceThis section defines the Code’s core vocabulary — arbitration, arbitration agreement, arbitration award, and arbitration tribunal — and adds three interpretive rules clarifying that parties may delegate decisions to third parties, that referenced arbitration rules become part of any agreement, and that “claim” and “defense” include counterclaims in most sections.
(1)“Arbitration” means any arbitration, whether or not administered by a permanent arbitral institution.
(2)“Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not, and may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3)“Arbitration award” means a decision of an arbitration tribunal on the substance of a dispute submitted to it and shall include an interim, interlocutory, or partial award.
(4)“Arbitration tribunal” means a sole arbitrator or a panel of arbitrators.
(1)Where a provision of this part, except Code Section 9-9-50, leaves the parties free to determine a certain issue, such freedom shall include the right of the parties to authorize a third party, including an institution, to make that determination.
(2)Where a provision of this part refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement shall include any arbitration rule referred to in such agreement.
(3)Where a provision of this part, other than in paragraph (1) of Code Section 9-9-47 and paragraph (1) of subsection (b) of Code Section 9-9-54, refers to a claim, it shall also apply to a counterclaim, and where it refers to a defense, it shall also apply to a defense to such counterclaim.
Plain-English Summary
Subsection (a) sets out four building-block terms. “Arbitration” covers any arbitration, whether or not an institution administers it. An “arbitration agreement” is the parties’ agreement to submit disputes to arbitration, whether written as a clause inside a larger contract or as its own standalone document. An “arbitration award” means the tribunal’s decision on the substance of the dispute, and that term reaches beyond a final award to include interim, interlocutory, and partial awards along the way. An “arbitration tribunal” can be one arbitrator or a panel.
Subsection (b) adds three rules for reading the rest of the Code. First, wherever a provision leaves parties free to decide something themselves, that freedom includes handing the decision to a third party or institution — except in the one section governing what rules of law the tribunal applies to the merits of the dispute, where the legislature wanted the parties to keep that choice for themselves rather than delegate it. Second, when the Code refers to an agreement between the parties, that agreement includes any arbitration rules the parties incorporated by reference, such as the rules of an arbitral institution. Third, wherever the Code talks about a “claim,” read it to include a counterclaim too, and wherever it talks about a “defense,” read it to include a defense to that counterclaim — with two narrow exceptions elsewhere in the Code where the distinction still matters.
Frequently Asked Questions
What is the difference between “arbitration” and “arbitration tribunal” under this section?
“Arbitration” refers to the process itself, administered or not, while “arbitration tribunal” refers to the decision-maker — either a sole arbitrator or a panel of arbitrators.
Does an “arbitration award” only mean the final decision in the case?
No. Subsection (a)(3) defines “arbitration award” to include interim, interlocutory, and partial awards, not only a final decision on the whole dispute.
Can the parties let a third party or institution make a decision the Code leaves up to them?
Yes. Subsection (b)(1) says that whenever the Code leaves parties free to determine an issue, that freedom includes authorizing a third party, including an institution, to make the determination, with one exception elsewhere in the Code.
If an arbitration clause references another set of arbitration rules, do those rules count as part of the agreement?
Yes. Subsection (b)(2) says that when the Code refers to an agreement of the parties, that agreement includes any arbitration rule referenced in it.
Does a reference to a “claim” in the Code also cover a counterclaim?
Generally yes. Subsection (b)(3) extends “claim” to counterclaims and “defense” to defenses against counterclaims, except in two specific provisions named in that subsection.
Amendment History
Code 1981, § 9-9-22, enacted by Ga. L. 2012, p. 961, § 1/SB 383.
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
Also known as:OCGA 9-9-22 definitionswhat is an arbitration agreement georgiaarbitration tribunal definition georgiaarbitration award definition international codegeorgia arbitration code glossaryclaim counterclaim arbitration georgiaAAA arbitration rules incorporated by reference georgia