(a) When a person is approached in connection with the possible appointment of such person as an arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by the arbitrator.
§ 9-9-33.Arbitrator disclosure requirements; challenge of arbitrator for doubts as to impartiality or independence
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceThis section requires a prospective arbitrator to disclose anything raising justifiable doubts about impartiality or independence when approached, keeps that duty running through the case, and limits challenges to those doubts or a missing agreed qualification, barring a party from challenging its own appointee except for reasons discovered after the appointment.
Full Text of § 9-9-33
(b) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by the party, or in whose appointment the party has participated, only for reasons of which the party becomes aware after the appointment has been made.
Plain-English Summary
Trust in the arbitrator starts before the case even begins. Subsection (a) requires anyone approached about a possible arbitrator appointment to disclose any circumstance likely to raise justifiable doubts about their impartiality or independence. That duty does not end once the appointment is made — it runs through the entire arbitration, and the arbitrator has to disclose new circumstances without delay as they come up, unless the arbitrator has already told the parties about them.
Subsection (b) narrows what counts as a valid challenge. An arbitrator can be challenged only for justifiable doubts about impartiality or independence, or because the arbitrator lacks a qualification the parties agreed to require. There is a built-in limit for self-appointed arbitrators too: a party cannot challenge the arbitrator it appointed, or helped appoint, except for reasons it learned about after the appointment was already made. That stops a party from appointing someone with a known conflict and then using that same conflict to challenge the appointment later.
Frequently Asked Questions
What must a prospective arbitrator disclose before accepting an appointment?
Any circumstances likely to give rise to justifiable doubts about their impartiality or independence.
Does the disclosure duty stop once the arbitrator has been appointed?
No. Subsection (a) requires the arbitrator to disclose such circumstances without delay throughout the arbitral proceedings, unless the arbitrator has already informed the parties of them.
On what grounds can a party challenge an arbitrator?
Only if circumstances give rise to justifiable doubts about impartiality or independence, or if the arbitrator lacks a qualification the parties agreed to require.
Can a party challenge the arbitrator it appointed itself?
Only for reasons it became aware of after the appointment was made.
Why does the Code limit challenges to an arbitrator a party appointed?
To prevent a party from appointing an arbitrator despite a known conflict and then using that same known conflict as grounds to challenge the appointment later.
Amendment History
Code 1981, § 9-9-33, 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 9-9-33 arbitrator disclosurechallenge arbitrator impartiality georgiajustifiable doubts arbitrator independencearbitrator conflict of interest disclosure georgiagrounds to challenge arbitrator international code