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House Bill 91 (COMMITTEE
SUBSTITUTE)
By: Representative Oliver of the 56th, Post 2
By: Representative Oliver of the 56th, Post 2
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To enact the "2003 Fairness in Arbitration Act"; to amend
Code Section 9-9-13 of the Official Code of Georgia Annotated, relating to
vacation of award by court, application, grounds, rehearing, and appeal of
order, so as to provide for vacation of an arbitration award based on an
arbitrator´s
manifest disregard of the law; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "2003
Fairness in Arbitration Act."
SECTION 2.
Code Section 9-9-13 of the Official Code of Georgia
Annotated, relating to vacation of award by court, application, grounds,
rehearing, and appeal of order is amended by striking subsection (b), and
inserting in lieu thereof the
following:
"(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made;or
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or
(5) The arbitrator´s manifest disregard of the law."
"(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made;
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or
(5) The arbitrator´s manifest disregard of the law."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.