Winter Capriola Zenner won an important Georgia Court of Appeals case on behalf of The River Club Community Association, Inc. in a dispute with Escalante River Club, LLC. In a unanimous decision issued October 2, 2026, the Court of Appeals reversed the trial court’s decision and ruled that the dispute should proceed through arbitration.
Richard J. Capriola and Eric B. Coleman, partners at Winter Capriola Zenner, represented The River Club Community Association in the appeal.
Court of Appeals Sends River Club Dispute to Arbitration
The dispute involved an agreement between The River Club Community Association and Escalante concerning the operation and maintenance of the River Club Country Club facilities. The agreement included an arbitration provision requiring certain disputes to be resolved through arbitration under the rules of the American Arbitration Association (AAA).
The trial court had stopped the arbitration and allowed the dispute to proceed in court. The Court of Appeals reversed that decision and held, in what it described as an apparent matter of first impression in Georgia, that incorporating the AAA Rules into the parties’ arbitration agreement is clear and unmistakable evidence that the parties delegated arbitrability to the arbitrator, joining the large majority of federal circuits.
In legal terms, this is a question of arbitrability, meaning who gets to decide whether a particular dispute must be handled through arbitration. The Court of Appeals also determined that the Association’s claims were related to the agreement and therefore subject to its arbitration provision.
The decision provides useful guidance for parties to contracts in Georgia that incorporate the AAA Rules, clarifying when those rules may delegate questions of arbitrability to an arbitrator rather than a court. While the case involved a community association, the Court’s analysis applies more broadly to contracts that incorporate the AAA Rules.
WCZ Attorneys Richard Capriola and Eric Coleman Represent River Club
Richard J. Capriola, a founding partner of Winter Capriola Zenner, focuses his practice on construction law, real estate litigation, and business litigation. He has more than 30 years of experience representing clients in state and federal trial and appellate courts, as well as in arbitration and mediation.
Eric B. Coleman is a partner whose practice includes litigation, arbitration, and dispute resolution involving construction, real estate, and commercial matters. He represents community associations, property management groups, real estate investors, and property owners in complex disputes.
Community Association Law at Winter Capriola Zenner
Winter Capriola Zenner represents homeowners associations, condominium associations, property owners associations, and community association managers throughout Georgia. The firm’s Community Association Law practice handles a wide range of issues, including contract disputes, governing documents, covenant enforcement, collections, construction defects, alternative dispute resolution, and litigation.
The River Club case reflects WCZ’s experience helping community associations navigate complex contractual and legal disputes while protecting the interests of the communities they represent.
Congratulations to Richard and Eric on this appellate victory and on their successful representation of The River Club Community Association.