§ 9-9-2.Applicability; exclusive method
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2019 · Last verified July 17, 2026
Full Text of § 9-9-2
Plain-English Summary
This section draws the boundary lines around the entire Georgia Arbitration Code. Subsection (a) sets the timing: agreements made before July 1, 1988 for construction-related disputes fall under an older version of the law, while agreements made on or after that date — and disputes arising on or after that date — fall under the part in force today. Subsection (b) singles out construction contracts, construction warranties, and architectural or engineering design agreements for this transition treatment.
Subsection (c) does the heavier work. It states the general rule that any written agreement to arbitrate is enforceable under this part, and that this part is the exclusive route for enforcing it — a court cannot reach for some other statute or common-law theory to compel or resist arbitration once this part applies. Then it lists ten categories of agreements the part does not reach at all: medical malpractice arbitration, covered by a separate article; collective bargaining agreements; insurance contracts; subjects already governed by another arbitration statute; small consumer loans of $25,000 or less; consumer goods purchases; consumer transactions under the Fair Business Practices Act; residential real estate contracts unless the arbitration clause is separately initialed; employment contracts unless likewise initialed; and pre-dispute agreements to arbitrate future personal injury or wrongful death tort claims.
The initialing requirements in paragraphs (8) and (9) matter in practice. A boilerplate arbitration clause buried in a home-purchase contract or an employment application does not bind the parties under this part unless every signatory initials that specific clause — a small formality that protects people who might otherwise sign away their right to sue without noticing.
Frequently Asked Questions
Does the Georgia Arbitration Code apply to an arbitration clause signed today?
It depends on the kind of agreement. For construction contracts, construction warranties, and architectural or engineering design agreements under subsection (b), this part applies if the agreement was made on or after July 1, 1988. For the general run of written arbitration agreements under subsection (c), this part applies if the dispute arose on or after July 1, 1988, regardless of when the parties signed the agreement.
Can a Georgia court enforce an arbitration agreement using some statute other than the Georgia Arbitration Code?
No, not for agreements covered by this part. Subsection (c) makes this part the exclusive means of enforcing a covered arbitration agreement.
Is an arbitration clause in a residential real estate purchase contract enforceable under this part?
Only if the clause was initialed by all signatories when the agreement was signed. Without that initialing, paragraph (c)(8) excludes the clause from this part. That initialing requirement does not reach agreements between or among real estate brokers or agents, which the exclusion leaves untouched.
Does this part cover an agreement to arbitrate future personal injury claims signed before any injury occurs?
No. Paragraph (c)(10) excludes agreements to arbitrate future claims for personal bodily injury or wrongful death based on tort.
Are insurance contracts covered by the Georgia Arbitration Code?
No, with one exception. Paragraph (c)(3) excludes contracts of insurance generally, but it does not invalidate arbitration clauses in contracts between insurance companies.
Amendment History
Code 1933, § 7-302, enacted by Ga. L. 1978, p. 2270, § 1; Ga. L. 1979, p. 393, § 1; Code 1981, § 9-9-81; Code 1981, § 9-9-2, as redesignated by Ga. L. 1988, p. 903, § 1; Ga. L. 1997, p. 1556, § 1; Ga. L. 2001, p. 362, § 25; Ga. L. 2009, p. 1001, § 1/HB 189; Ga. L. 2013, p. 141, § 9/HB 79; Ga. L. 2019, p. 337, § 1-94/SB 132.