A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award.
§ 9-9-3.Effect of arbitration agreement
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 1988 · Last verified July 17, 2026
In one sentenceA written agreement to arbitrate an existing dispute, or a contract clause agreeing to arbitrate future disputes, is enforceable regardless of whether the underlying controversy could otherwise be brought in court, and it gives Georgia courts jurisdiction both to enforce the agreement and to enter judgment on the resulting award.
Full Text of § 9-9-3
Plain-English Summary
This section states the basic bargain behind arbitration: once two parties put their agreement to arbitrate in writing — whether they are submitting a dispute that already exists or agreeing in advance to arbitrate whatever disputes might arise later — that agreement is enforceable on its own terms.
The phrase “without regard to the justiciable character of the controversy” does real work here. It means a party cannot resist arbitration by arguing the underlying dispute is not the kind of claim a court would normally hear, or that it involves equitable rather than legal relief. If the parties agreed in writing to arbitrate it, that agreement stands.
The section also answers a jurisdictional question that might otherwise be unclear: it confirms that Georgia courts have authority both to step in and enforce an arbitration agreement, for example by compelling a reluctant party to arbitrate, and to enter a civil judgment once the arbitrators have issued an award. Without this grant of jurisdiction, a winning party would have an arbitration award but no clear path to turn it into something a sheriff can collect on.
Frequently Asked Questions
Can a party avoid arbitration by arguing the dispute could not have been brought in court?
No. This section makes the agreement enforceable without regard to the justiciable character of the controversy.
Does an arbitration clause have to cover an existing dispute, or can it cover future disputes too?
Both. The section covers a written agreement to submit an existing controversy to arbitration and a contract clause agreeing to arbitrate controversies that arise later.
Do Georgia courts have authority to enter judgment on an arbitration award?
Yes. This section confers jurisdiction on Georgia courts to enforce the arbitration agreement and to enter judgment on an award.
Does the arbitration agreement need to be in writing to be enforceable under this section?
Yes. The section applies to a written agreement to submit a controversy to arbitration or a written contract provision agreeing to arbitrate.
What happens if the underlying dispute involves equitable relief a court might not normally grant?
The arbitration agreement remains enforceable regardless, since the section applies without regard to the justiciable character of the controversy.
Amendment History
Code 1933, § 7-303, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-82; Code 1981, § 9-9-3, as redesignated by Ga. L. 1988, p. 903, § 1.
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: Georgia arbitration agreement enforceablejurisdiction enforce arbitration agreement Georgiawritten arbitration clause enforceability Georgiajudgment on arbitration award jurisdiction