Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-48 authorizes a tribunal, absent a contrary party agreement, to appoint its own experts on specific issues, compel a party to give the expert relevant information or access to evidence, and require the expert to face questioning at a hearing when a party asks or the tribunal thinks it necessary.
(a)Unless otherwise agreed by the parties, the arbitration tribunal:
(1)May appoint one or more experts to report to it on specific issues to be determined by the arbitration tribunal; and
(2)May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for the expert’s inspection.
(b)Unless otherwise agreed by the parties, if a party requests or if the arbitration tribunal considers it necessary, the expert shall, after delivery of the expert’s written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and to present expert witnesses in order to testify on the points at issue.
Plain-English Summary
Technical and specialized disputes often need more than legal argument to resolve, and this section gives the tribunal a tool for that: the power to appoint its own experts. Unless the parties have agreed to take that option off the table, the tribunal can bring in one or more experts to report on specific issues it identifies.
That power comes with teeth. The tribunal can require a party to hand the expert relevant information, or to produce — or give access to — documents, goods, or other property the expert needs to do the job. A party cannot refuse outright to cooperate with a tribunal-appointed expert.
Once the expert delivers a report, the process doesn’t necessarily end there. If a party asks, or the tribunal decides it’s necessary, the expert has to show up at a hearing where the parties can question the expert directly and put forward their own expert witnesses on the same issues. That safeguard keeps a tribunal-appointed expert’s conclusions from going unchallenged.
Frequently Asked Questions
Can the tribunal appoint its own experts in an international arbitration?
Yes — unless the parties have agreed otherwise, the tribunal may appoint one or more experts to report on specific issues it identifies.
Can the tribunal make a party cooperate with its appointed expert?
Yes — the tribunal may require a party to give the expert relevant information or to produce, or provide access to, relevant documents, goods, or other property for inspection.
Do the parties get to question a tribunal-appointed expert?
Yes — if a party requests it, or the tribunal considers it necessary, the expert must participate in a hearing where the parties can put questions to the expert.
Can the parties present their own expert witnesses to counter the tribunal’s expert?
Yes — at that hearing, the parties have the opportunity to present expert witnesses to testify on the points at issue.
Can the parties prevent the tribunal from appointing experts at all?
Yes — this entire section operates “unless otherwise agreed by the parties,” so the parties can agree to remove the tribunal’s expert-appointment power.
Amendment History
Code 1981, § 9-9-48, 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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