Docs of CT, LLC v. Biotek Services, LLC, [Ms. S24G0435, May 28, 2025] __ Ga. __ (2025). The Court (Pinson, J.; Peterson, C.J.; Warren, P.J.; Bethel, Ellington, McMillian, LaGrua, and Colvin, JJ., concur) affirms the Court of Appeals’ judgment upholding an arbitration award in favor of Biotek Services.
The Court holds that ex parte communications between an arbitrator and one party’s counsel do not require vacatur of the award under OCGA § 9-9-13(b) unless the party challenging the award shows those communications affected or influenced the outcome of the arbitration. Ms. ** 7–13, 17.
Further, prejudice under OCGA § 9-9-13(b) must be proved by showing actual harm to the party’s rights, not presumed from improper conduct alone. Because Docs of CT failed to show how the outcome of the proceeding would have been different but for the ex parte communications, the trial court correctly confirmed the award. Ms. ** 13–18.