(a) Subject to the provisions of this part, the parties shall be free to agree on the procedure to be followed by the arbitration tribunal in conducting the proceedings.
§ 9-9-41.Procedure to be followed by arbitration tribunal
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-41 lets parties design their own arbitration procedure by agreement, and if they don’t, hands the tribunal broad discretion to run the case as it sees fit, including deciding what evidence counts and how much weight it deserves.
Full Text of § 9-9-41
(b) If the parties fail to agree on the procedure to be followed by the arbitration tribunal in conducting proceedings, the arbitration tribunal may, subject to the provisions of this part, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitration tribunal includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
Plain-English Summary
Arbitration’s biggest selling point over litigation is that the people involved get to build the process instead of inheriting one off the shelf. This section puts that principle into Georgia law for international arbitration: parties are free to agree on their own procedure, whether that means adopting an institution’s rules, borrowing from a court system, or writing something custom.
When parties don’t agree — or their agreement leaves gaps — the tribunal fills in. It can conduct the arbitration in whatever manner it judges appropriate, subject to the rest of the arbitration code. That default authority reaches evidentiary questions too: the tribunal decides what evidence comes in, how relevant and material it is, and how much weight it carries in the final decision.
This combination of party choice and tribunal backstop keeps international arbitration workable across parties from different legal traditions. A dispute between a company used to common-law discovery and one used to civil-law document requests doesn’t stall for lack of a shared procedural rulebook — the tribunal has the authority to bridge the gap.
Frequently Asked Questions
Can the parties choose their own arbitration procedure?
Yes — the parties are free to agree on the procedure the tribunal follows, subject to the rest of Georgia’s arbitration code.
What happens if the parties never agree on a procedure?
The arbitration tribunal may conduct the proceedings in whatever manner it considers appropriate, again subject to the code’s other provisions.
Who decides whether evidence is admissible in the arbitration?
The tribunal does — its default procedural power includes determining the admissibility, relevance, materiality, and weight of any evidence offered.
Does this section give the tribunal unlimited control over the case?
No — the tribunal’s discretion is expressly “subject to the provisions of this part,” meaning other rules in the arbitration code, such as the equal-treatment requirement, still constrain how it proceeds.
Does an agreed procedure override the tribunal’s default authority?
Yes — the tribunal’s discretion to set procedure only applies “if the parties fail to agree,” so a valid party agreement on procedure controls first.
Amendment History
Code 1981, § 9-9-41, 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 arbitration tribunal procedurearbitrator discretion evidence georgiaparty autonomy arbitration procedureinternational arbitration evidence admissibility georgia