(a) Before the arbitrators begin the arbitration, they shall be sworn by the referee to determine impartially the matters submitted to them according to law and the justice and equity of the case without favor or affection to either party.
§ 9-9-69.Arbitrators — Oath and affidavit
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 2023 · Last verified July 17, 2026
In one sentenceRequires the referee to swear in the arbitrators to decide impartially according to law and equity before arbitration starts, and requires each arbitrator to sign a specific affidavit — pledging impartiality, adherence to the referee’s legal guidance, and silence about the case outside the full panel — before the selection takes effect.
Full Text of § 9-9-69
(b) Each arbitrator selected under this article shall sign the following affidavit before the selection is effective and before acting as an arbitrator:
“State of Georgia ______________________ County I, ______________________, first being duly sworn, make this affidavit: I, ______________________, agree to serve as arbitrator in the case of ______________________ v. ______________________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and abide by all decisions of the referee. I also agree not to discuss this case or any issue with any person except when all other arbitrators and the referee are present.
______________________, L. S.”
Plain-English Summary
This section builds a two-layer commitment to impartiality into the arbitrator’s role. First, before the arbitration starts, the referee administers a general oath: the arbitrators swear to decide the matters submitted to them according to law and the justice and equity of the case, without favor or affection to either party.
Second, each arbitrator has to sign a written affidavit — with the case caption filled in by hand — before the selection is even effective. The affidavit’s promises go further than the oath alone: no favoritism or prejudice toward any party, following the law as the referee gives it, abiding by the referee’s rulings, and not discussing the case or any issue with anyone unless every other arbitrator and the referee are present.
That last promise connects directly to Code Section 9-9-71’s ban on arbitrators meeting outside the full group. The legislature amended this section in 2023, but the core structure — an oral oath plus a signed, case-specific affidavit — has governed since the article’s original enactment.
Frequently Asked Questions
Who administers the oath to the arbitrators?
The referee.
What must the arbitrators swear to do?
Determine the matters submitted to them impartially, according to law and the justice and equity of the case, without favor or affection to either party.
Does each arbitrator also have to sign a written affidavit?
Yes, before the selection is effective and before acting as an arbitrator.
What does the affidavit promise about discussing the case?
The arbitrator agrees not to discuss the case or any issue with any person except when all other arbitrators and the referee are present.
Does the affidavit require the arbitrator to follow the referee’s legal guidance?
Yes, it states the arbitrator will follow and apply the law as given by the referee and will accept and abide by all of the referee’s decisions.
Amendment History
Code 1933, § 7-410, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-119; Code 1981, § 9-9-69, as redesignated by Ga. L. 1988, p. 903, § 3; Ga. L. 2023, p. 730, § 1(2)/HB 475, effective July 1, 2023.
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
Also known as: arbitrator oath affidavit georgia medical malpracticearbitrator confidentiality affidavit georgiamedical malpractice arbitration oath requirementsgeorgia arbitrator impartiality pledge