§ 9-9-51.Decision-making when more than one arbitrator
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
Full Text of § 9-9-51
Plain-English Summary
When more than one arbitrator hears a case, someone has to decide how disagreements among them get resolved. This section sets the default: majority rule. Whatever a majority of all the tribunal’s members decide becomes the tribunal’s decision, unless the parties have agreed to a different mechanism.
Procedural matters get a practical shortcut. Rather than convening the full panel every time a scheduling or housekeeping question comes up, a presiding arbitrator can decide those questions alone — but only if the parties or all the tribunal’s members have authorized that arrangement in advance. Without that authorization, procedural questions follow the same majority-vote default as everything else.
This structure keeps a multi-arbitrator tribunal from deadlocking on substance while still letting it move efficiently on the smaller procedural questions that come up constantly during a case.
Frequently Asked Questions
How does a three-member arbitration tribunal decide the case?
Unless the parties have agreed otherwise, any decision is made by a majority of all the tribunal’s members.
Can one arbitrator decide procedural questions without the whole panel?
Yes — a presiding arbitrator may decide questions of procedure alone, but only if authorized to do so by the parties or by all members of the tribunal.
Can the parties change the default majority-vote rule?
Yes — the majority rule applies “unless otherwise agreed by the parties,” so the parties can specify a different decision-making method.
Does this section apply to a single-arbitrator tribunal?
By its terms, this section addresses arbitral proceedings “with more than one arbitrator,” so it governs multi-member tribunals specifically.
What happens to substantive decisions that are not purely procedural?
They fall under the general majority-of-all-members rule, distinct from the narrower carve-out that lets a presiding arbitrator handle procedural questions alone.
Amendment History
Code 1981, § 9-9-51, enacted by Ga. L. 2012, p. 961, § 1/SB 383.