In November 2023, the Georgia Court of Appeals released only one family law related opinion. No custody related cases were released.
Family Law Related Cases Released in November 2023:
Nix v. Scarbrough, Case No. A23A0790, Georgia Court of Appeals, 11/3/23.
An arbitrator’s authority to resolve disputes is defined by the parties’ agreement to arbitrate. Gateway issues of arbitrability are resolved by the trial court, while procedural questions related to the underlying dispute are resolved by the arbitrator. O.C.G.A. §9-9-13(b) provides that in limited circumstances, the trial court shall vacate an arbitration award upon a party’s application and showing that his/her rights were prejudiced. An allegation that the arbitrator was biased, however, requires more than merely challenging adverse factual and legal findings. Alternatively, the arbitrator’s manifest disregard of the law may be a basis to vacate the award upon proof that the correct law was communicated to the arbitrator, who intentionally and knowingly chose to ignore it. Notably, the arbitrator’s misapplication of the law does not amount to such disregard of the law. Finally, the fact that an arbitrator’s award could not, or would not, be granted by the trial court is not a basis for vacating the award.