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§ 9-9-45.Facts supporting claim; amendment or supplementing of claim

Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026

In one sentenceSection 9-9-45 requires the claimant to lay out the facts, issues, and relief sought and the respondent to answer within an agreed or tribunal-set deadline, while letting either side amend or supplement its claim or defense later unless the tribunal finds the delay makes that unfair.

Full Text of § 9-9-45

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(a) Within the period of time agreed by the parties or determined by the arbitration tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
(b) Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitration tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

Plain-English Summary

This section lays out the basic pleading exchange that gets an international arbitration off the ground. The claimant states the facts behind its claim, identifies the points in dispute, and says what relief it wants. The respondent then answers those particulars with its defense. Both sides can attach the documents they think matter, or point to evidence they’ll produce later.

None of this has to follow a rigid form — parties can agree on different requirements for what these statements must contain, and the timing runs on whatever period the parties agreed to or the tribunal set.

Arbitration also isn’t frozen once these initial statements go in. Either side can amend or supplement its claim or defense as the case develops, reflecting how disputes evolve once discovery and argument get underway. The one check on that flexibility is timing: if the tribunal thinks a proposed amendment comes too late in the process, it can refuse to allow it.

Frequently Asked Questions

What must a claimant include when stating its claim?

The claimant must state the facts supporting the claim, the points at issue, and the relief or remedy sought, unless the parties have agreed to different required elements.

Is there a deadline for filing the statement of claim and defense?

Yes — both statements must be made within the period of time the parties agreed on or the arbitration tribunal determined.

Can a party change its claim or defense after filing it?

Yes — unless the parties have agreed otherwise, either party may amend or supplement its claim or defense during the arbitral proceedings.

Can the tribunal block a late amendment to a claim or defense?

Yes — the tribunal can refuse to allow an amendment if it considers doing so inappropriate given the delay in making it.

Do the parties have to submit all supporting documents with their initial statements?

No — the parties may submit the documents they consider relevant, or instead add a reference to documents or other evidence they intend to submit later.

Amendment History

Code 1981, § 9-9-45, 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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