(a) The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail or statutory overnight delivery, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
§ 9-9-8.Time and place for hearing; notice; application for prompt hearing; conduct of hearing; right to counsel; record; waiver
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2000 · Last verified July 17, 2026
In one sentenceThis section governs how an arbitration hearing gets scheduled and run — arbitrators set the time and place with at least ten days’ notice, parties may present evidence, cross-examine, and be represented by counsel, a right that cannot be waived, while most other procedural requirements can be waived by agreement or by proceeding without objection.
Full Text of § 9-9-8
(b) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear.
(c) A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.
(d) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
(e) The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
(f) Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection.
Plain-English Summary
Once arbitrators are in place, this section fills in the mechanics of the hearing itself. Subsection (a) puts scheduling in the arbitrators’ hands — they set the time and place even if the agreement named a particular county, and they must give written notice at least ten days ahead, delivered personally or by registered or certified mail or statutory overnight delivery. If the arbitrators drag their feet, a party can ask the court to order them to move the case along promptly.
Subsections (b) and (c) protect basic hearing rights. Parties get to be heard, submit pleadings and documents, offer testimony, and cross-examine witnesses — though the arbitrators can proceed and decide the case even if a properly notified party skips the hearing. The right to be represented by an attorney stands apart from the rest: a party can invoke it at any point for any part of the proceeding that has not yet happened, and unlike almost everything else in this section, it cannot be waived.
The remaining subsections round out the hearing’s structure. All arbitrators are expected to sit for the hearing unless the parties agree otherwise, but a majority can decide questions and issue or change the award, and if one arbitrator drops out mid-hearing, the neutral arbitrators who remain can carry on. The arbitrators keep a record of everything introduced at the hearing, and either side or the arbitrators can arrange for a court reporter to transcribe it. Finally, subsection (f) allows the parties to waive most of these requirements — by written consent or by continuing without objection — except for the right to counsel, which stays off the table.
Frequently Asked Questions
How much notice must arbitrators give before a hearing?
At least ten days’ written notice, delivered personally or by registered or certified mail or statutory overnight delivery.
Can a party waive the right to be represented by an attorney at an arbitration hearing?
No. Subsection (c) states that right may not be waived, unlike most of the other procedural requirements in this section.
What happens if a properly notified party fails to show up for the hearing?
The arbitrators may hear and determine the controversy on the pleadings, documents, testimony, and other matters produced, despite that party’s absence.
Do all arbitrators on a panel have to attend the hearing?
Yes, unless the parties agree otherwise, though a majority of the arbitrators can decide any question and issue or change the award.
Can a party get a transcript of the arbitration hearing?
Yes. Either the arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
Amendment History
Code 1933, § 7-309, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-88; Code 1981, § 9-9-8, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 2000, p. 1589, § 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
Also known as: arbitration hearing notice Georgiaright to attorney arbitration Georgiaarbitration hearing record transcript Georgiawaive arbitration hearing requirements Georgia