(a) The parties shall be free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this Code section.
§ 9-9-34.Procedure for challenging arbitrator
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceAbsent an agreed procedure, this section gives a party 15 days after learning of the tribunal’s makeup or a disqualifying circumstance to send the tribunal written reasons for a challenge, lets the tribunal decide unless the arbitrator withdraws or the other side agrees, and allows a 30-day follow-up request to court if the challenge fails.
Full Text of § 9-9-34
(b) If the parties fail to agree on a procedure for challenging an arbitrator, a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitration tribunal or after becoming aware of any circumstance referred to in subsection (b) of Code Section 9-9-33, send a written statement of the reasons for the challenge to the arbitration tribunal. Unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitration tribunal shall decide on the challenge.
(c) If a challenge under the procedure set forth in subsection (b) of this Code section is not successful, within 30 days after having received notice of the decision rejecting the challenge, the challenging party may request that the court specified in Code Section 9-9-27 decide on the challenge, which decision shall not be subject to appeal; while such a request is pending, the arbitration tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an arbitration award.
Plain-English Summary
Subsection (a) lets the parties design their own procedure for challenging an arbitrator. Most sophisticated arbitration clauses that adopt institutional rules will already have one built in.
When they have not, subsection (b) supplies a default. A party that wants to challenge an arbitrator has 15 days from learning the tribunal has been constituted, or from learning of a circumstance that could justify a challenge, to send the tribunal a written statement laying out the reasons. From there, the tribunal itself decides the challenge — unless the challenged arbitrator steps down or the other party agrees to the challenge, in which case the question never has to be decided at all.
Subsection (c) gives the challenging party a backstop if the tribunal rejects the challenge: within 30 days of getting notice of that decision, the party can ask the court specified in Code Section 9-9-27 to decide the matter instead, and that court’s ruling is final, with no appeal. The arbitration does not grind to a halt while the court request is pending — the tribunal, challenged arbitrator included, can keep working and even issue an award before the court rules.
Frequently Asked Questions
How much time does a party have to challenge an arbitrator if there is no agreed procedure?
Fifteen days after becoming aware of the tribunal’s constitution or of a circumstance that could justify the challenge, under subsection (b).
Who decides the challenge first?
The arbitration tribunal decides, unless the challenged arbitrator withdraws from office or the other party agrees to the challenge.
What happens if the tribunal rejects the challenge?
Subsection (c) lets the challenging party ask the court specified in Code Section 9-9-27 to decide, within 30 days of receiving notice of the rejection.
Can the challenged arbitrator keep working on the case while a court challenge is pending?
Yes. Subsection (c) allows the tribunal, including the challenged arbitrator, to continue the proceedings and even issue an award while the court request is pending.
Can the court’s decision on the challenge be appealed?
No. Subsection (c) says that decision “shall not be subject to appeal.”
Amendment History
Code 1981, § 9-9-34, 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 9-9-34 challenge arbitrator procedure15 day arbitrator challenge deadlinehow to challenge an arbitrator georgiaarbitrator challenge court appealgeorgia international arbitration challenge process