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Can I require employees to sign arbitration agreements in Georgia? What are the requirements?

Yes, you can require employees to sign arbitration agreements in Georgia. However, there are certain requirements that must be met for the arbitration agreement to be enforceable.

Requirements for Enforceable Arbitration Agreements in Georgia

  • The agreement must be in writing and the parties must have agreed to it [1.1][3.1].
  • The agreement must be valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the arbitration award was made [1.1][3.3].
  • The arbitration agreement must be signed by the parties or their representatives and be irrevocable except by consent of all the parties [2.1].
  • The arbitration submission must contain a clear and accurate statement of the matters in controversy, an agreement as to the payment of the costs of the arbitration, the procedure to be followed in the arbitration, a list of the witnesses whose testimony the parties desire to present to the arbitrators, the names of the arbitrators chosen by each party, the time and place of meeting of the arbitrators, and any other matters that may be pertinent to the arbitration [2.1].
  • If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award [1.2].

It is important to note that if an employee challenges the validity of the arbitration agreement, a court may refuse to enforce it if it finds that the agreement is unconscionable or against public policy [1.1].

In summary, you can require employees to sign arbitration agreements in Georgia, but the agreement must be in writing, the parties must have agreed to it, and it must be valid under the law. Additionally, the arbitration submission must contain specific information, and there are limitations of time that may apply.

Source(s):
Jurisdiction

Georgia, Georgia