The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.
§ 9-9-40.Treatment of parties
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-40 sets the foundational fairness rule for Georgia international arbitration: both parties must be treated as equals and each must receive a full opportunity to present its case, a standard that shapes how tribunals run every later stage of the proceeding.
Full Text of § 9-9-40
Plain-English Summary
This section states the ground rule that governs the rest of Georgia’s International Commercial Arbitration Code: parties stand on equal footing, and each side gets a real chance to make its case. It’s short, but it carries weight — every procedural choice a tribunal makes, from scheduling hearings to ruling on evidence, has to leave room for both sides to be heard.
The rule doesn’t dictate a rigid script. Arbitration prizes flexibility, and tribunals routinely tailor procedure to the dispute in front of them. What this section forbids is a tribunal favoring one side’s convenience over the other’s right to respond, to submit evidence, or to argue its position. Equal treatment means neither party gets a structural advantage baked into how the case is run.
The stakes for ignoring this rule run high. A party who can show it was denied a fair opportunity to present its case has grounds to ask a court to set aside the resulting award, or to resist its enforcement later. Tribunals that keep this principle in view from the outset avoid handing a disappointed party that opening.
Frequently Asked Questions
What does “equality” mean under this section?
It means the tribunal cannot give one party procedural advantages the other lacks — equal notice, equal chances to submit evidence and argument, and equal treatment in scheduling and communication throughout the case.
Does this section require identical procedures for each party on every issue?
The text focuses on equal treatment and a full opportunity to present a case rather than mandating identical steps for every issue; tribunals keep flexibility so long as neither party is shortchanged in its chance to be heard.
What can happen if a tribunal fails to give a party a full opportunity to present its case?
A party denied that opportunity may later point to the violation as grounds to set aside the award or to resist its recognition and enforcement, since both remedies turn in part on whether a party could present its case.
Does this rule apply only to the hearing itself?
No — the text is not limited to hearings; it establishes a standard for the arbitral proceedings as a whole, covering everything from the exchange of statements to the taking of evidence.
Who enforces this equal-treatment requirement?
The arbitration tribunal applies it as it conducts the case, and a court reviewing a challenge to the award serves as the ultimate check if a party claims the requirement was not met.
Amendment History
Code 1981, § 9-9-40, 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: georgia international arbitration equal treatmentarbitration due process georgiafull opportunity to present case arbitrationgeorgia arbitration fairness ruleparty equality arbitration tribunal