§ 9-9-6.Application to compel or stay arbitration; demand for arbitration; consolidation of proceedings

Chapter 9. Arbitration · Article 1. General Provisions · Last amended 1988 · Last verified July 17, 2026

In one sentenceThis section lets an aggrieved party ask a court to compel arbitration or, within 30 days of a demand for arbitration, ask the court to stay it on grounds like an invalid agreement, and it separately lets a court consolidate related arbitration proceedings that share common parties, transactions, or issues.

Full Text of § 9-9-6

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration.

(b) Subject to subsections (c) and (d) of this Code section, a party who has not participated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that:

(1) No valid agreement to submit to arbitration was made;

(2) The agreement to arbitrate was not complied with; or

(3) The arbitration is barred by limitation of time.

(1) The agreement pursuant to which arbitration is sought;

(2) The name and address of the party serving the demand;

(3) That the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within 30 days for an order to stay arbitration; and

(4) The nature of the dispute or controversy sought to be arbitrated; provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served.

(d) After service of the demand, or any amendment thereof, the party served must make application within 30 days to the court for a stay of arbitration or he will thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Code section.

(e) Unless otherwise provided in the arbitration agreement, a party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when:

(1) Separate arbitration agreements or proceedings exist between the same parties or one party is a party to a separate arbitration agreement or proceeding with a third party;

(2) The disputes arise from the same transactions or series of related transactions; and

(3) There is a common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators.

(f) If all the applicable arbitration agreements name the same arbitrator, arbitration panel, or arbitration tribunal, the court, if it orders consolidation under subsection (e) of this Code section, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation under subsection (e) of this Code section, shall, in the absence of an agreed method of selection by all parties to the consolidated arbitration, appoint an arbitrator.

(g) In the event that the arbitration agreements in proceedings consolidated under subsection (e) of this Code section contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of various parties.

(h) If the court orders consolidation under subsection (e) of this Code section, the court may exercise its discretion to deny consolidation of separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings.

End

Plain-English Summary

This section covers two related but different court moves: forcing a reluctant party into arbitration, and stopping arbitration before it starts. Subsection (a) handles the first. A party facing another party’s refusal to arbitrate can apply for an order compelling it. If the court sees no real dispute about the agreement’s validity or compliance, and the claim is not time-barred, it must order arbitration; if there is a real dispute, the court decides that narrow issue itself before ruling. Granting the order automatically pauses any related court case, or the part of it that belongs in arbitration.

Subsections (b) through (d) handle the flip side — resisting arbitration. A party who has not yet participated in the arbitration, and who has not already applied to compel it, can move to stay arbitration on three grounds: no valid agreement to arbitrate exists, the agreement was not complied with, or the claim is time-barred. But the statute puts a clock on this. Once a party serves a formal demand for arbitration — spelling out the agreement relied on, the demanding party’s identity, a warning about the 30-day deadline, and the nature of the dispute — the party served has 30 days to apply to court for a stay. Missing that deadline forfeits the right to challenge the agreement’s validity or compliance in court later, and the right to apply for a stay generally cannot be waived any other way.

Subsections (e) through (h) add a separate tool: consolidation. When separate arbitration agreements or proceedings connect the same parties, or one party to a third party, the disputes arise from the same or related transactions, and a common issue creates a risk of conflicting rulings, a party can ask the court to consolidate the proceedings. The court picks which arbitrator or panel hears the consolidated matter, resolves any conflicting terms between the agreements, and can even consolidate only some issues while leaving others to proceed separately.

Frequently Asked Questions

How long does a party have to move to stay arbitration after being served with a demand?

30 days. Missing that deadline precludes the party from later denying the agreement’s validity or compliance, or asserting a time bar, in court.

What must a demand for arbitration include?

The agreement under which arbitration is sought, the name and address of the party serving the demand, a statement of the 30-day deadline to apply for a stay, and the nature of the dispute.

On what grounds can a party who has not participated in arbitration ask a court to stay it?

That no valid agreement to arbitrate was made, that the agreement was not complied with, or that the arbitration is barred by limitation of time.

Can a Georgia court combine separate arbitration proceedings into one?

Yes, if the proceedings involve the same or related parties, arise from the same or related transactions, and share a common issue that could produce conflicting rulings.

If an issue that should be arbitrated comes up in a pending lawsuit, how does a party ask the court to compel arbitration?

By motion in that pending action, rather than by filing a separate application.

Amendment History

Code 1933, § 7-307, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-86; Code 1981, § 9-9-6, as redesignated by Ga. L. 1988, p. 903, § 1.

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. Last verified July 17, 2026. · Official source

Also known as: Georgia motion to compel arbitrationdemand for arbitration Georgia 30 daysstay arbitration Georgia groundsconsolidate arbitration proceedings Georgia