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§ 9-9-52.Settlement; arbitration award on agreed terms

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

In one sentenceSection 9-9-52 has the tribunal end the case when the parties settle mid-arbitration and, if the parties ask and the tribunal doesn’t object, record that settlement as a formal arbitration award on agreed terms carrying the same legal status as any award decided on the merits.

Full Text of § 9-9-52

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(a) If, during arbitral proceedings, the parties settle the dispute, the arbitration tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitration tribunal, record the settlement in the form of an arbitration award on agreed terms.
(b) An arbitration award on agreed terms shall be made in accordance with the provisions of Code Section 9-9-53 and shall state that it is an arbitration award. Such an arbitration award shall have the same status and effect as any other arbitration award on the merits of the case.

Plain-English Summary

Parties who settle mid-arbitration don’t have to walk away with nothing but a private agreement. This section lets the tribunal record that settlement as a formal arbitration award — but only if both parties request it and the tribunal doesn’t object. Once either condition is missing, the proceedings still terminate on account of the settlement, just without the extra step of memorializing it as an award.

Why would parties want their settlement dressed up as an award rather than left as a plain contract? Because an award on agreed terms carries the same status and effect as any other arbitration award decided on the merits. That matters when a settlement needs teeth — an award is generally easier to enforce across borders and through courts than a bare settlement agreement would be.

To get that treatment, the award still has to meet the form requirements that apply to any arbitration award and has to say, on its face, that it is one. Parties don’t get the benefits of award status without the paperwork that comes with it.

Frequently Asked Questions

What happens if the parties settle their dispute during the arbitration?

The tribunal terminates the arbitral proceedings, and if the parties request it and the tribunal doesn’t object, the tribunal records the settlement as an arbitration award on agreed terms.

Is the tribunal required to record every settlement as an award?

No — recording it as an award happens only if requested by the parties and not objected to by the tribunal; otherwise the proceedings terminate without that extra step.

What form requirements apply to an award on agreed terms?

It must be made in accordance with the form and content requirements of Code Section 9-9-53, and it must state that it is an arbitration award.

Does a settlement award carry less legal weight than an award decided after a full hearing on the merits?

No — an arbitration award on agreed terms has the same status and effect as any other arbitration award on the merits of the case.

Can the tribunal refuse to turn a settlement into a formal award?

Yes — the text conditions the recording of a settlement as an award on the tribunal not objecting to it.

Amendment History

Code 1981, § 9-9-52, 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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