An arbitrator’s award does not become enforceable until a superior court confirms it, and the court must confirm unless it first vacates or modifies the award.
The Grounds Are Narrow and Exclusive
The Georgia Arbitration Code, at OCGA 9-9-13(b), lets a court vacate an award only where a party’s rights were prejudiced by (1) corruption, fraud, or misconduct in procuring the award, (2) partiality of an arbitrator appointed as a neutral, (3) an overstepping of authority, or such imperfect execution of it that no final and definite award was made, (4) a failure to follow the Code’s procedure, or (5) the arbitrator’s manifest disregard of the law.
In King v. King, 354 Ga. App. 19 (2020), the Court of Appeals explained that “[t]hese five statutory bases are the exclusive grounds for vacating an arbitration award,” and that a party must also show actual prejudice. Georgia’s courts, the Court of Appeals reiterated in Brazzel v. Brazzel, 337 Ga. App. 758 (2016), give “extraordinary deference to the arbitration process and awards.”
When an Award Does Get Vacated
King is an example. The parties’ arbitration agreement, incorporated into a consent order, required the arbitrator to prepare findings of fact and conclusions of law. The award contained none. The superior court vacated it for imperfect execution of the arbitrator’s authority, and the Court of Appeals affirmed, noting that although Georgia does not otherwise require findings in an award, the parties were free to contract for them.
Custody Awards Get an Extra Look
Where custody is arbitrated, OCGA 19-9-1.1 requires the judge to incorporate the arbiter’s decisions into the final decree unless the judge makes specific written factual findings that the award would not be in the child’s best interests. Brazzel confirms the judge does not redecide custody independently.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!