Georgia - Chapter 6 - Interim Measures in the United States in Aid of Arbitration

Shelby R. Grubbs’ dispute resolution experience includes work as an arbitrator, mediator and court-appointed special master. As an arbitrator, he has chaired American Arbitration Association (AAA) tribunals and served as sole arbitrator in cases administered by AAA, the International Centre for Dispute Resolution (ICDR) and the International Court of Arbitration (ICC). Mr. Grubbs is also a panelist for the World Intellectual Property Organization (WIPO) as well as the International Institute for Conflict Prevention & Resolution (CPR). His experience as a court-appointed special master has included a claim brought by the United States against a major health insurer to recover over $1 billion in Medicare payments.

Alexander C. Vey is a litigator, with an emphasis on white collar criminal defense. He also has experience with construction disputes and intellectual property matters. Prior to joining Miller & Martin, Mr. Vey spent two years as part of the Criminal Appeals Division of the Tennessee Attorney General’s Office. He handled over 100 appeals and argued more than two dozen cases before Tennessee’s Court of Criminal Appeals and Supreme Court.

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Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS

1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

Yes. The Georgia Arbitration Code (“GAC”), O.C.G.A. § 9-9-1, et seq., contemplates a court-ordered attachment or preliminary injunction. See O.C.G.A. § 9-9-4.

Likewise, the Georgia International Commercial Arbitration Code (“GIAC”) permits a party to “request from a court an interim measure of protection.” O.C.G.A. § 9-9-30. The request may be made before, during, or after an arbitration. Id. This provision allows a party to ask a court for interim relief without having that request constitute a waiver of the right to arbitrate. Id. It does not, however, allow the court to fashion remedies other than those available under Georgia law. SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC, 875 F.3d 609, 616 (11th Cir. 2017) (noting that § 9-9-30 allows a court to enter an order “order to preserve assets (in the event of arbitral victory) or to protect trade secrets (in the course of arbitral discovery)”).

(a) If so, please describe the nature of any such provisional relief that is available.

Under the GAC, a superior court

“may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy.” O.C.G.A. § 9-9-4(e). That said, provisional relief may only be granted “on the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.” Id.

(b) If so, please indicate whether this may be done before or after an arbitration is commenced.

The GAC allows a court to issue provisional remedies before or after an arbitration has commenced. Confirming this point, the statute vests venue in the Superior Court in the county in which the arbitration is pending, or if the arbitration action has not yet been commenced, in the county in which the agreement to arbitrate provides for the arbitration to be held. See O.C.G.A. § 9-9-4(b), (e).