Opinion
S24C0435
08-13-2024
DOCS OF CT, LLC v. BIOTEK SERVICES, LLC.
Court of Appeals Case No. A23A0974
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S24G0435.
This case will be assigned to the December 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Do the substantive ex parte communications during the arbitration proceedings in this case amount to "misconduct" or show "partiality" that supports vacatur of an arbitration award under OCGA § 9-9-13 (b), where the arbitrator believed he could not ethically communicate with the other party's representative because the representative was not a lawyer?
2. Does an arbitrator violate any ethical rules by communicating with the representative of a
corporate entity that is a party to the arbitration if the representative is not a lawyer?
3. If ex parte communications during an arbitration proceeding amount to one of the grounds for vacatur of an arbitration award under OCGA § 99-13 (b), is prejudice to the rights of the affected party presumed or per se, or must the affected party demonstrate prejudice?
4. What is the standard for evaluating whether the rights of a party were prejudiced for purposes of applying OCGA § 9-9-13?
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur.