Where the mandate of an arbitrator terminates under Code Section 9-9-34 or 9-9-35 or because of withdrawal from office for any other reason or because of the revocation of the arbitrator’s mandate by agreement of the parties or in any other case of termination of the arbitrator’s mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
§ 9-9-36.Appointment of substitute arbitrator
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceWhenever an arbitrator’s mandate ends — through a successful challenge, incapacity, withdrawal, revocation by agreement, or any other route — this section requires a substitute arbitrator to be appointed using the same rules that governed the appointment of the arbitrator being replaced.
Full Text of § 9-9-36
Plain-English Summary
This is the cleanup section. Once an arbitrator is gone — because a challenge under Code Section 9-9-34 succeeded, because the arbitrator was found unable to serve under Code Section 9-9-35, because the arbitrator withdrew for some other reason, or because the parties revoked the mandate by agreement, or for any other reason the mandate ends — someone has to take the empty seat.
The section answers who chooses that replacement and how: the same appointment rules that applied to the arbitrator being replaced apply again. If the parties had a special procedure for that seat, or if a party or an institution had a particular role in filling it originally, that same process governs the substitute appointment.
The rule keeps the tribunal’s composition consistent with what the parties bargained for, rather than letting a vacancy reset the appointment process to some different default.
Frequently Asked Questions
What situations trigger the need for a substitute arbitrator under this section?
Termination of an arbitrator’s mandate under Code Section 9-9-34 or 9-9-35, withdrawal for any other reason, revocation by agreement of the parties, or any other case of termination of the mandate.
What rules govern how the substitute is chosen?
The same rules that were applicable to the appointment of the arbitrator being replaced.
Does this section apply only when an arbitrator was successfully challenged?
No, it applies broadly to any way an arbitrator’s mandate can terminate, not just a successful challenge.
If the original appointment used a special procedure, does the replacement follow that same procedure?
Yes, this section requires the substitute to be appointed according to the rules applicable to the original appointment.
Does this section itself set out who is qualified to serve as the substitute?
No, it points back to the rules that governed the original appointment rather than creating separate qualification standards.
Amendment History
Code 1981, § 9-9-36, 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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