§ 9-9-47.Effects of failure to state facts supporting claim, failure to put forward statement of defense, or failure to appear at hearing or to produce documentary evidence
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
Full Text of § 9-9-47
Plain-English Summary
Not every party plays along, and this section tells the tribunal what to do when one doesn’t — as long as there’s no sufficient cause for the failure. The three scenarios get different treatment because they carry different consequences.
If the claimant never files its statement of claim, the case has nothing to run on, so the tribunal terminates the proceedings outright. A missing defense is treated more gently: the case continues, but the respondent’s silence doesn’t automatically count as agreeing with the claimant’s allegations — the claimant still has to prove its case. And if either party skips a hearing or withholds documentary evidence, the tribunal isn’t stuck; it can push forward and decide the case on whatever evidence is before it.
The common thread is that arbitration doesn’t grind to a halt because one side stops participating. A party cannot derail the process, or force delay, by going quiet — though a party with a legitimate excuse for missing a deadline or hearing still gets the chance to show sufficient cause.
Frequently Asked Questions
What happens if the claimant never files a statement of claim?
Without sufficient cause shown, the tribunal must terminate the proceedings if the claimant fails to communicate its statement of claim.
What happens if the respondent never files a statement of defense?
The tribunal continues the proceedings, but the respondent’s failure to answer is not by itself treated as an admission of the claimant’s allegations.
Can a party derail the arbitration by refusing to attend a hearing?
No — if a party fails to appear at a hearing or produce documentary evidence, the tribunal may continue the proceedings and issue an award based on the evidence already before it.
Does a party’s excuse for missing a deadline matter?
Yes — all three consequences in this section apply only when the failure occurs “without showing sufficient cause,” so a party with a valid excuse is treated differently.
Can parties agree to handle a missed deadline differently than this section provides?
Yes — the entire section applies “unless otherwise agreed by the parties,” so a contrary agreement between the parties controls instead.
Amendment History
Code 1981, § 9-9-47, enacted by Ga. L. 2012, p. 961, § 1/SB 383.