This is the second time this arbitration dispute has been before this Court. Our previous opinion, Hansen & Hansen Enterprises, Inc. v. SCSJ Enterprises, Inc. , 299 Ga. App. 469 682 SE2d 652 2009 “Hansen I “, sets forth the complete factual and procedural history of the arbitration and subsequent litigation. The only issue presently before this Court is whether, upon remand from Hansen I , the superior court accurately carried out the directives set forth in the appellate decision. Concluding that it did not, we must vacate the superior court’s order and remand this case for the entry of an order in accordance with this opinion. In brief sum, the facts relevant to the present inquiry are as follows. Following the arbitration of a business dispute in which SCSJ sued Hansen and Hansen countersued, the arbitrator ruled in favor of Hansen as to SCSJ’s claims, but concluded that it lacked jurisdiction to consider Hansen’s counterclaim. SCSJ moved to vacate the award and, following a hearing, the superior court granted the motion on the grounds that the arbitrator manifestly disregarded the law and overstepped his authority with respect to SCSJ’s claims, and imperfectly executed his authority such that a final and definite award was not made with respect to his failure to consider Hansen’s counterclaim. 299 Ga. App. at 470. In Hansen I , we concluded that the superior court erred in vacating the arbitrator’s award in favor of Hansen on SCSJ’s claims, but affirmed the trial court’s ruling that the arbitrator had jurisdiction over and should have considered Hansen’s counterclaim. Id. at 472-474 2 a, b. We thereafter remanded the case to the superior court with the direction that it “vacate the arbitrator’s award consistent with this opinion and order a rehearing before the same arbitrator on Hansen’s counterclaim only,” specifically noting that Georgia law provides that a trial court may vacate an arbitration award only in its entirety. Id. at 474 2 b. In its order on remand to the arbitrator, the superior court confirmed the arbitrator’s award with respect to SCSJ’s claims, but vacated only that portion of the award that dismissed Hansen’s counterclaim for lack of jurisdiction.
The superior court erred in partially vacating the arbitration award. As set forth in Hansen I , the law of this State requires that, if a trial court vacates an arbitration award, it may do so only in its entirety.1 See generally OCGA § 9-9-13 b; Cipriani v. Porter , 269 Ga. App. 695, 696 1 605 SE2d 106 2004; Amerispec Franchise v. Cross , 215 Ga. App. 669, 670 452 SE2d 188 1994.
