§ 9-9-23.Interpretation
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
Full Text of § 9-9-23
Plain-English Summary
Most Georgia statutes get read the way Georgia courts have always read Georgia statutes. This one is different. Subsection (a) tells courts to keep the Code’s international origin in mind and to favor readings that keep Georgia in step with how other jurisdictions apply the same Model Law language, rather than importing assumptions from purely domestic arbitration law. It also calls for good faith in how the Code operates.
Subsection (b) handles the gaps. Because the Code does not spell out an answer to every question that might come up in an international arbitration, this subsection tells courts to reason from the general principles the Code is built on, rather than defaulting to unrelated bodies of Georgia contract or procedure law.
Together the two subsections push courts toward treating this Code as its own coherent system, borrowed from an international model, rather than as an ordinary state statute to be read against the backdrop of Georgia’s domestic arbitration act.
Frequently Asked Questions
Why does this section mention the Code’s “international origin”?
Subsection (a) tells courts to consider that origin so that Georgia’s interpretation stays consistent with how the same Model Law language is applied elsewhere, rather than drifting toward purely local assumptions.
What should a court do if this Code does not address a specific question?
Subsection (b) directs the court to settle the question in conformity with the general principles the Code is based on.
Does this section require good faith?
Yes. Subsection (a) calls for regard to the observance of good faith in applying the Code.
Does this section create a private right to sue?
No. It sets an interpretive approach for courts applying the rest of the Code rather than creating a standalone claim.
Is this section limited to court proceedings, or does it guide arbitration tribunals too?
The text speaks broadly to “interpretation of this part,” and its guidance about international origin and uniformity applies whenever a court or tribunal is working out what a provision of the Code means.
Amendment History
Code 1981, § 9-9-23, enacted by Ga. L. 2012, p. 961, § 1/SB 383.