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§ 9-9-83.Civil and criminal immunity of arbitrators

Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026

In one sentenceShields an arbitrator from civil or criminal liability for libel, slander, or defamation over any statement or action taken in an official capacity during the medical malpractice arbitration, protecting the candor arbitrators need to weigh evidence and state findings freely within the proceeding.

Full Text of § 9-9-83

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An arbitrator shall not be civilly or criminally liable for libel, slander, or defamation of any of the parties to the arbitration for any statement or action taken within the official capacity of the arbitrator during the arbitration.

Plain-English Summary

This closing section grants arbitrators a narrow but meaningful immunity. It covers claims of libel, slander, or defamation brought by a party to the arbitration, and it applies only to statements or actions the arbitrator took within an official capacity during the arbitration — not to conduct outside that role.

Notably, the text names only the “arbitrator,” not the referee, so the immunity as written attaches to the three voting panel members rather than the nonvoting referee described in Code Section 9-9-66.

The purpose lines up with why courts extend similar protection to judges and other decision-makers: arbitrators need to weigh witness credibility, discuss evidence, and put their conclusions in writing under Code Section 9-9-78 without worrying that a party will sue them personally over what they said or concluded about the case.

Frequently Asked Questions

What types of claims does this immunity cover?

Libel, slander, or defamation of any of the parties to the arbitration.

Does the immunity cover everything an arbitrator does?

No, it applies only to statements or actions taken within the arbitrator’s official capacity during the arbitration.

Does this section protect the referee from liability too?

The text names only the “arbitrator,” not the referee.

Does the immunity cover criminal as well as civil liability?

Yes, the arbitrator shall not be civilly or criminally liable.

Why would the law shield arbitrators from defamation claims?

So arbitrators can speak candidly about the evidence and the parties while deciding the case, without fear of being personally sued over what they say.

Amendment History

Code 1933, § 7-424, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-133; Code 1981, § 9-9-83, 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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