Motion to stay and abate refers to a motion filed to abate to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources and to preserve the statute of limitations periods.
Georgia Motion to Stay Action Pending Arbitration
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Multi-State
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US-02643BG
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FAQ
American Bar Association research suggests that average arbitration cases take about seven months, while average litigation can take from 23 ? 30 months depending on the court schedule.
As Judge Graber points out, "When a party requests a stay pending arbitration of ?any issue referable to arbitration under an agreement in writing,? the court ?shall . . . stay the trial of the action? until the arbitration concludes or unless the requesting party is ?in default in proceeding with such arbitration.?
The decisions made in arbitration are often confidential, not binding on future cases, and do not create a legal precedent that other parties can rely upon. This limitation can make it difficult for parties to predict the outcome of a dispute based on prior arbitration decisions.
(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
The Georgian Law on Arbitration provides that a person may not be denied to be appointed as an arbitrator, except when they: a) are a person with limited legal capacity or a beneficiary of support, unless otherwise defined by the court judgment; b) are a state employee, a state political official, a political official ...
Any ruling / award of the arbitrator is made a binding judgment of the Superior Court and has the same legal effect as a final order from a judge.
A stay of arbitral proceedings takes place when the arbitral tribunal decides to temporarily suspend an arbitration, usually because there are other proceedings, either at a court or another arbitration, that are relevant to settle the dispute.
In addition, the infringement of other rules of contract law may also constitute a ground for the annulment of an arbitration agreement, such as in cases involving fraud, 20 illegality, 21 or lack of capacity, 22 among others.