(a) A court before which a civil action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the arbitration agreement is null and void, inoperative, or incapable of being performed.
§ 9-9-29.Arbitration referrals
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceWhen a lawsuit covers a matter under an arbitration agreement, this section requires the court to refer the parties to arbitration if a party requests it by its first substantive filing, unless the agreement is null and void, inoperative, or incapable of performance — though arbitration may proceed meanwhile.
Full Text of § 9-9-29
(b) Where an action referred to in subsection (a) of this Code section has been brought, arbitral proceedings may nevertheless be commenced or continued, and an arbitration award may be made, while the action is pending before the court.
Plain-English Summary
This section is the on-ramp from litigation into arbitration. When someone files a civil action over a matter that is supposed to go to arbitration, subsection (a) gives the other party a tool: request a referral to arbitration, and the court has to grant it.
The catch is timing. The request has to come no later than the party’s first statement on the substance of the dispute — wait too long, engage with the merits, and the chance to force a referral may be gone. The court can refuse only on narrow grounds: that the arbitration agreement is null and void, inoperative, or incapable of being performed. Ordinary disagreements about the merits of the underlying claim do not belong in that inquiry.
Subsection (b) makes sure a pending lawsuit does not freeze the arbitration. Even while the court case sits open, the arbitral proceedings can start, continue, and produce an award. The two tracks can run at the same time, which keeps a party from using a court filing as a stalling tactic.
Frequently Asked Questions
When must a party request that a court refer the case to arbitration?
No later than when submitting the party’s first statement on the substance of the dispute.
On what grounds can a court refuse to refer the case to arbitration?
Only if the court finds the arbitration agreement is null and void, inoperative, or incapable of being performed.
Is a court required to refer the parties to arbitration once a timely request is made?
Yes, subsection (a) uses “shall,” making referral mandatory absent one of the narrow grounds for refusal.
Does filing a lawsuit stop the arbitration from moving forward?
No. Subsection (b) allows arbitral proceedings to be commenced or continued, and an award to be made, while the court action is still pending.
Does this section apply no matter where the arbitration is seated?
Yes. Code Section 9-9-21(b) lists this section among the few that apply even when the place of arbitration is not in Georgia.
Amendment History
Code 1981, § 9-9-29, 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
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