A party who knows that any provision of this part from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without objecting to such noncompliance without undue delay or, if a time limit is provided therefor, within such period of time, shall be deemed to have waived the right to object.
§ 9-9-25.Waiver of right to object to violations of arbitration agreement
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceA party who knows that a default provision of the Code — one the parties are free to vary by agreement — or a requirement in the arbitration agreement itself has not been followed, yet keeps participating without objecting promptly or within any set deadline, is treated as having waived the right to object.
Full Text of § 9-9-25
Plain-English Summary
This section punishes sitting on your hands. If a party knows that a rule it could have insisted on — one the parties were free to vary by agreement — or a requirement spelled out in the arbitration agreement itself has not been followed, and that party keeps participating in the arbitration anyway without speaking up, the law treats the silence as consent.
The objection has to come without undue delay, or within whatever deadline the agreement or the Code sets for it. Miss that window and the objection is gone — a party cannot save up a procedural complaint to spring on the tribunal or a reviewing court later, after the arbitration has moved forward on the assumption that everyone was on board.
The rule keeps arbitrations from being blindsided at the end by objections a party could have raised, and chose not to raise, at the time the problem happened.
Frequently Asked Questions
What has to happen before a party can waive an objection under this section?
The party must know that a derogable provision of the Code or a requirement of the arbitration agreement has not been complied with, and must then proceed with the arbitration.
What must a party do to preserve the objection instead of losing it?
The party must object to the noncompliance without undue delay, or within any time limit set for raising it.
Does this waiver rule cover every provision of the Code, or only some?
Only provisions “from which the parties may derogate” — meaning default rules the parties could have varied by agreement — along with requirements under the arbitration agreement itself.
Can a party raise the objection for the first time after the arbitration is over?
Not under this section. Proceeding with the arbitration without timely objection is deemed a waiver of the right to object.
What is the purpose of this rule?
It prevents a party from staying quiet about a known problem while the arbitration continues and then raising it later as a way to undo an unfavorable result.
Amendment History
Code 1981, § 9-9-25, 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 9-9-25 waiver arbitration objectionwaiving objection arbitration georgiafailure to object arbitration deadlinegeorgia international arbitration waiver rulederogable provisions arbitration code