(a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there is only one arbitrator, the term “arbitrators” shall apply to him.
§ 9-9-7.Appointment of arbitrators
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 1988 · Last verified July 17, 2026
In one sentenceIf the arbitration agreement specifies how to appoint arbitrators, that method controls; but if the agreement is silent, its method fails or is not followed, or the arbitrators fail to act with no successors named, the court appoints one or more arbitrators who then hold the same powers as an arbitrator named in the agreement.
Full Text of § 9-9-7
(b) The court shall appoint one or more arbitrators on application of a party if:
(1) The agreement does not provide for a method of appointment;
(2) The agreed method fails;
(3) The agreed method is not followed for any reason; or
(4) The arbitrators fail to act and no successors have been appointed.
(c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.
Plain-English Summary
Arbitration depends on having arbitrators in place, and this section makes sure a dispute never stalls just because the parties’ chosen method for picking them breaks down. The default rule is plain: follow whatever method the arbitration agreement spells out. If the agreement calls for a single arbitrator, this part treats that one person the same way it treats a multi-member panel everywhere else in the statute.
Subsection (b) is the backstop. A court steps in and appoints one or more arbitrators whenever the agreement does not say how to pick them, the agreed method fails in practice, the parties do not follow it, or the arbitrators who were supposed to act stop altogether without anyone naming a replacement. Any of those four situations is enough on its own to trigger court appointment.
Subsection (c) makes clear that a court-appointed arbitrator is not a lesser substitute. That arbitrator has every power an arbitrator named directly in the agreement would have — full authority to run the hearing, rule on the dispute, and issue a binding award.
Frequently Asked Questions
What happens if the arbitration agreement does not say how to appoint arbitrators?
The court appoints one or more arbitrators on application of a party.
Does a court-appointed arbitrator have less authority than one named in the agreement?
No. An arbitrator appointed by the court has all the powers of one specifically named in the agreement.
What if the arbitrators named in the agreement stop acting and no one appoints a successor?
A party can apply to the court, which will appoint one or more arbitrators to fill the gap.
If the agreement calls for a single arbitrator, does this section still apply?
Yes. When there is only one arbitrator, the term applies to that individual the same as it would to a panel.
Does the court appoint arbitrators automatically, or does a party have to ask?
A party must apply to the court; appointment happens on application of a party, not on the court’s own initiative.
Amendment History
Code 1933, § 7-308, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-87; Code 1981, § 9-9-7, as redesignated by Ga. L. 1988, p. 903, § 1.
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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