Where a party dies or becomes incompetent after making a written agreement to arbitrate, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or trustee or guardian or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict.
History. Code 1981, § 9-9-18 , enacted by Ga. L. 1988, p. 903, § 1.
Structure Georgia Code
Article 1 - General Provisions
§ 9-9-2. Applicability; Exclusive Method
§ 9-9-3. Effect of Arbitration Agreement
§ 9-9-5. Limitation of Time as Bar to Arbitration
§ 9-9-7. Appointment of Arbitrators
§ 9-9-10. Award to Be in Writing; Copies Furnished; Time of Making Award; Waiver
§ 9-9-12. Confirmation of Award by Court
§ 9-9-13. Vacation of Award by Court; Application; Grounds; Rehearing; Appeal of Order
§ 9-9-14. Modification of Award by Court; Application; Grounds; Subsequent Confirmation of Award
§ 9-9-17. Arbitrators’ Fees and Expenses
§ 9-9-18. Commencement or Continuation of Proceedings Upon Death or Incompetency of Party