(a) Subject to any contrary agreement by the parties, the arbitration tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials; provided, however, that unless the parties have agreed that no hearings shall be held, the arbitration tribunal shall hold hearings at an appropriate stage of the proceedings, if requested by a party.
§ 9-9-46.How proceedings to be conducted; oral hearings; notice; consolidation of proceedings or hearings
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-46 gives the tribunal discretion to choose between oral hearings and paper-only proceedings unless a party requests a hearing, requires advance notice of hearings and inspections plus full disclosure of materials between the parties, and denies the tribunal power to consolidate cases or hold joint hearings unless the parties agreed to allow it.
Full Text of § 9-9-46
(b) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitration tribunal for the purposes of inspection of goods, other property, or documents.
(c) All statements, documents, or other information supplied to the arbitration tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitration tribunal may rely in making its decision shall be communicated to the parties.
(d) Unless the parties agree to confer such power on the tribunal, the tribunal shall not have the power to order consolidation of proceedings or concurrent hearings; provided, however, that the parties shall be free to agree:
(1) That the arbitral proceedings shall be consolidated with other arbitral proceedings; or
(2) That concurrent hearings shall be held, on such terms as may be agreed.
Plain-English Summary
This section covers the mechanics of how an arbitration plays out once the pleadings are in. By default, the tribunal decides whether to hold oral hearings or run the case on documents alone — but that discretion has a limit: if a party asks for a hearing, and the parties haven’t agreed to skip hearings entirely, the tribunal has to hold one at some appropriate point.
Notice and transparency get their own protections. Parties must receive sufficient advance notice before any hearing or inspection, and anything one party gives the tribunal — statements, documents, information — has to be shared with the other side. The same goes for expert reports or evidentiary documents the tribunal might rely on in deciding the case; those get communicated to both parties too.
The last piece addresses a practical problem in multi-contract or multi-party disputes: can the tribunal fold separate arbitrations together, or hear them at the same time? The default answer is no — the tribunal lacks that power unless the parties have agreed to give it. But parties remain free to agree to consolidate their proceedings with others, or to hold concurrent hearings on terms they work out themselves.
Frequently Asked Questions
Does the tribunal have to hold an oral hearing if a party requests one?
Yes — unless the parties have agreed that no hearings will be held at all, the tribunal must hold hearings at an appropriate stage if a party requests one.
Do parties get advance notice of hearings and inspections?
Yes — the parties must be given sufficient advance notice of any hearing and of any tribunal meeting held to inspect goods, other property, or documents.
Does one party have to share its submissions to the tribunal with the other side?
Yes — all statements, documents, or other information supplied to the tribunal by one party must be communicated to the other party, as must any expert report or evidentiary document the tribunal may rely on.
Can the tribunal consolidate this arbitration with a related arbitration on its own initiative?
No — the tribunal has no power to order consolidation or concurrent hearings unless the parties have agreed to confer that power on it.
Can parties agree to combine their arbitration with another proceeding?
Yes — parties remain free to agree that their arbitral proceedings will be consolidated with other proceedings, or that concurrent hearings will be held on terms they agree to.
Amendment History
Code 1981, § 9-9-46, 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 oral hearing rulesconsolidation arbitration proceedings georgiaarbitration hearing notice requirementconcurrent arbitration hearings