If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the parties shall choose another in his place. If the arbitrators chosen by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be appointed as provided in subsection (b) of Code Section 9-9-67. An arbitrator chosen pursuant to this Code section shall have all the powers of the original arbitrator.
§ 9-9-68.Arbitrators — How vacancy filled
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceExplains how to replace an arbitrator who stops serving — the party who originally chose that arbitrator picks the replacement, the two party-chosen arbitrators together replace their jointly picked third arbitrator, and any resulting deadlock over the third seat goes to the judge under Code Section 9-9-67, with the replacement holding all the powers of the arbitrator replaced.
Full Text of § 9-9-68
Plain-English Summary
This section handles the practical problem of an arbitrator dropping out mid-process, for whatever reason. The replacement mechanics mirror how each seat was filled in the first place. If a party’s own chosen arbitrator ceases to serve, that same party picks the replacement. If the third arbitrator — the one the two party-chosen arbitrators picked together — ceases to serve, those same two arbitrators choose the replacement.
If the party-chosen arbitrators can’t agree on who should fill that third seat, the matter goes to the judge, exactly as it would under Code Section 9-9-67(b) for the original appointment.
Whoever steps in takes over with the full authority of the arbitrator they replaced, so the process doesn’t need to restart from scratch just because a seat changed hands.
Frequently Asked Questions
If a party’s chosen arbitrator drops out, who picks the replacement?
The party that originally chose that arbitrator.
If the jointly chosen third arbitrator drops out, who picks the replacement?
The two arbitrators chosen by the parties.
What happens if the party-chosen arbitrators can’t agree on a replacement third arbitrator?
The judge appoints the third arbitrator, as provided in subsection (b) of Code Section 9-9-67.
Does a replacement arbitrator have the same authority as the one being replaced?
Yes, a replacement arbitrator has all the powers of the original arbitrator.
Does this section explain why an arbitrator might stop serving?
No, it applies whenever an arbitrator “ceases to serve for any reason,” without specifying the reason.
Amendment History
Code 1933, § 7-409, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-118; Code 1981, § 9-9-68, as redesignated by Ga. L. 1988, p. 903, § 3.
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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