In matters governed by this part, no court shall intervene except where provided in this part. If the controversy is within the scope of this part, the arbitration agreement shall be enforced by the courts of this state in accordance with this part without regard to the justiciable character of the controversy.
§ 9-9-26.Judicial intervention and enforcement
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceThis section limits Georgia courts to only the roles the Code assigns them in international arbitration matters, forbidding intervention outside those roles, while also requiring courts to enforce a qualifying arbitration agreement according to the Code regardless of whether the underlying dispute would otherwise be considered fit for a court to decide.
Full Text of § 9-9-26
Plain-English Summary
Two sentences, two big commitments. The first tells Georgia courts to stay out of arbitration matters governed by this Code except where a specific section hands the court a job to do — appointing an arbitrator, deciding a challenge, ordering an interim measure, and the like. Courts do not get a general supervisory role over international arbitration; they get the specific roles the Code lists.
The second sentence flips to the enforcement side. Once a controversy falls within the Code’s scope, the courts must enforce the arbitration agreement, and they cannot refuse on the ground that the dispute is not the sort of thing courts usually consider fit for private resolution. That “justiciable character” language closes off a court’s temptation to second-guess whether a matter belongs in arbitration because of its subject matter alone.
Read together, the section draws a tight boundary: courts stay out unless invited in by name, and once in, they enforce rather than relitigate.
Frequently Asked Questions
Can a Georgia court step into an international arbitration whenever it wants?
No. The section states that no court shall intervene “except where provided in this part,” limiting courts to the specific roles the Code assigns them.
What must a court do once it finds a controversy is within the Code’s scope?
It must enforce the arbitration agreement in accordance with the Code.
Can a court refuse to enforce an arbitration agreement because the dispute seems unsuited to private resolution?
No. The section requires enforcement “without regard to the justiciable character of the controversy.”
Does this section list every specific power a court has under the Code?
No, it states the general limiting principle; the specific powers appear throughout the rest of the Code, such as appointing arbitrators or deciding challenges.
How does this section connect to the Code’s stated purpose?
It carries out the purpose in Code Section 9-9-20 of enforcing arbitration agreements by keeping courts from intervening outside their assigned roles.
Amendment History
Code 1981, § 9-9-26, 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 9-9-26 judicial interventioncourt role international arbitration georgiaenforce arbitration agreement georgia statutelimited court intervention arbitration codejusticiable controversy arbitration georgia