(a) The parties shall be free to agree on the place of arbitration; provided, however, that failing such agreement, the place of arbitration shall be determined by the arbitration tribunal having regard to the circumstances of the case, including the convenience of the parties.
§ 9-9-42.Place of arbitration
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-42 lets parties pick the seat of arbitration by agreement, defaults that choice to the tribunal’s judgment about convenience when they don’t agree, and separately lets the tribunal meet anywhere practical for hearings, inspections, or deliberations regardless of the official seat.
Full Text of § 9-9-42
(b) Notwithstanding the provisions of subsection (a) of this Code section, the arbitration tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property, or documents.
Plain-English Summary
Every arbitration needs a legal home base — the “place of arbitration,” often called the seat — even when hearings happen elsewhere. This section starts with party choice: the parties can agree on where that seat sits. If they can’t agree, the tribunal picks, weighing the circumstances of the case and, specifically, what’s convenient for the parties.
The seat matters beyond geography. It typically determines which country’s procedural law applies to the arbitration and which courts have authority to hear a challenge to the award later. That’s why the code treats the choice carefully, giving parties the first say and the tribunal a considered fallback.
But picking a seat doesn’t chain the tribunal to that city. The second half of this section frees the tribunal to gather witnesses, hold consultations among its members, inspect goods or documents, or take other practical steps wherever makes sense — unless the parties have agreed otherwise. A tribunal seated in Atlanta, for instance, could still travel to inspect a warehouse in another state without changing the legal seat of the case.
Frequently Asked Questions
Who decides where an international arbitration is seated?
The parties decide first, by agreement; if they can’t agree, the arbitration tribunal determines the place, considering the circumstances of the case and the convenience of the parties.
Does the tribunal have to hold every hearing at the official place of arbitration?
No — unless the parties agree otherwise, the tribunal may meet anywhere it considers appropriate for consultations, hearing witnesses or experts, or inspecting goods, property, or documents, regardless of the designated seat.
What factors guide the tribunal’s choice of place when the parties disagree?
The text directs the tribunal to look at the circumstances of the case, including the convenience of the parties, when the parties have not reached agreement themselves.
Can parties override the tribunal’s freedom to meet in other locations?
Yes — the tribunal’s authority to meet elsewhere for practical purposes applies only “unless otherwise agreed by the parties,” so the parties can restrict it by agreement.
Why does the place of arbitration matter beyond where hearings physically occur?
Other sections of the code tie back to this designated place — for example, the arbitration award must state the place of arbitration as determined here, since that place carries legal significance for the proceeding.
Amendment History
Code 1981, § 9-9-42, 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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