§ 9-9-39.When recognition or enforcement of interim measure may be refused
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceThis section limits the narrow set of grounds a Georgia court can use to refuse recognizing or enforcing a tribunal’s interim measure — party-raised defenses like noncompliance with security or a since-terminated measure, or court-raised concerns like incompatibility with its own powers — while barring any review of the interim measure’s underlying substance.
(a)Recognition or enforcement of an interim measure may be refused only:
(1)At the request of the party against whom it is invoked if the court is satisfied that:
(A)Such refusal is warranted on the grounds set forth in subparagraphs (a)(1)(A) through (a)(1)(D) of Code Section 9-9-58;
(B)The arbitration tribunal’s decision with respect to the provision of security in connection with the interim measure issued by the arbitration tribunal has not been complied with; or
(C)The interim measure has been terminated or suspended by the arbitration tribunal or, where so empowered, by the court of the state in which the arbitration takes place or under the law of which that interim measure was granted; or
(2)If the court finds that:
(A)The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or
(B)Any of the grounds set forth in subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 9-9-58 shall apply to the recognition and enforcement of the interim measure.
(b)Any determination made by the court on any ground in subsection (a) of this Code section shall be effective only for the purposes of the application to recognize and enforce the interim measure. Where recognition or enforcement is sought, the court shall not undertake a review of the substance of the interim measure in determining any ground specified in subsection (a) of this Code section.
Plain-English Summary
Code Section 9-9-38 makes a tribunal’s interim measure binding and enforceable; this section is the safety valve — a short, closed list of reasons a court can refuse to go along.
Subsection (a)(1) covers grounds the resisting party has to raise and prove: the same defenses that apply to refusing recognition of an arbitration award under Code Section 9-9-58, a failure to comply with the tribunal’s own security decision, or the fact that the tribunal — or a court empowered to do so — has already terminated or suspended the measure.
Subsection (a)(2) covers grounds the court can raise on its own: that the interim measure does not match the kind of order the court has power to issue, unless the court can reformulate it to fit its own procedures without changing its substance, or that certain grounds tied to Code Section 9-9-58 apply to recognition and enforcement.
Subsection (b) keeps the inquiry narrow on both sides. Whatever the court decides on these grounds only matters for the recognition-and-enforcement application in front of it, and the court is not allowed to dig into the merits of the interim measure itself while making that call.
Frequently Asked Questions
Who has to ask the court to refuse recognition or enforcement of an interim measure under subsection (a)(1)?
The party against whom the interim measure is invoked, at whose request the court must be satisfied one of the listed grounds applies.
Can a court refuse to enforce an interim measure just because it disagrees with the tribunal’s reasoning?
No. Subsection (b) bars the court from reviewing the substance of the interim measure when deciding whether to refuse recognition or enforcement.
What if the interim measure does not match the kind of order a Georgia court has power to issue?
Subsection (a)(2)(A) allows refusal on that ground, unless the court instead reformulates the measure to fit its own powers and procedures without changing its substance.
What if the party never provided the security the tribunal required?
Subsection (a)(1)(B) lists noncompliance with the tribunal’s security decision as a ground for refusing recognition or enforcement.
Does a Georgia court re-examine the merits of the interim measure when deciding whether to enforce it?
No. Subsection (b) confines the court’s determination to the specific grounds in subsection (a) and forbids a review of the measure’s substance.
Amendment History
Code 1981, § 9-9-39, 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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