Finality of Findings Absent Appeal; Appeals to Superior Courts; Transmittal of Record; When Findings Set Aside; Disposition of Case; Supersedeas

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Arbitration
  5. Medical Malpractice
  6. Finality of Findings Absent Appeal; Appeals to Superior Courts; Transmittal of Record; When Findings Set Aside; Disposition of Case; Supersedeas

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  1. All findings of the arbitrators with respect to which no application for a review thereof is filed in due time shall be final and conclusive between the parties as to all matters submitted to the arbitrators; but either party to the dispute may, within 30 days from the date the findings are entered upon the minutes of the court authorizing the arbitration, appeal from the findings to the superior court of the county in which the arbitration was authorized. When an appeal is made, all findings shall be final and conclusive between the parties as to all matters submitted to the arbitrators only upon the final disposition of the appeal as provided by this article.
  2. The party conceiving himself to be aggrieved may file an application in writing to the referee of the arbitration panel asking for an appeal from the findings, stating generally the grounds upon which the appeal is sought. In the event the appeal is filed as provided in this Code section, the referee shall, within 30 days from the filing of the same, cause a true copy of the submission, findings, and all other parts of the record, including a transcript of evidence and proceedings, to be transmitted to the clerk of the superior court to which the case is appealable. The case so appealed may thereupon be brought on for a hearing before the superior court upon such record by either party on ten days' written notice to the other; subject, however, to an assignment of the same for hearing by the court.
  3. The findings of fact made by the arbitrators shall, in the absence of fraud, be conclusive but, upon the hearing, the court shall set aside the findings if it is found that:
    1. The findings were procured by fraud;
    2. There is no evidence to support the findings of fact by the arbitrators; or
    3. The findings are contrary to law.
  4. No findings shall be set aside by the court upon any grounds other than one or more of the grounds above-stated. If not set aside upon one or more of the stated grounds, the court shall affirm the findings so appealed from. Upon the setting aside of any such findings, the court may recommit the controversy to the arbitration panel for further hearing or proceeding in conformity with the judgment and opinion of the court or the court may enter the proper judgment upon the findings, as the nature of the case may demand. The decree of the court shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though rendered in an action heard and determined by the court.
  5. An appeal from the decision of the arbitration panel shall operate as a supersedeas and no defendant shall be required to make payment of the amount involved in the submission in the case so appealed until the question at issue therein has been fully determined in accordance with this article. The defendant may voluntarily make payment, however, prior to final disposition of the appeal.

(Code 1933, § 7-421, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-130; Code 1981, §9-9-80, as redesignated by Ga. L. 1988, p. 903, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" at the end of subsection (a) and at the end of the first sentence of subsection (e); and "above-stated" was substituted for "above stated" at the end of the first sentence in subsection (d).

JUDICIAL DECISIONS

Waiver of right to challenge error.

- In an arbitration matter between a patient and a medical provider, because the arbitrators failed to find that the provider could not recover from the patient, but instead could recover only against an insurer, and only to the extent that the patient's health benefits covered the services rendered, the patient waived any right to challenge any alleged error by the arbitrators. Lowe v. Ctr. Neurology Assocs., P.C., 288 Ga. App. 166, 653 S.E.2d 318 (2007), cert. denied, No. S08C0477, 2008 Ga. LEXIS 325 (Ga. 2008).

RESEARCH REFERENCES

ALR.

- Participation in arbitration proceedings as waiver to objections to arbitrability under state law, 56 A.L.R.5th 757.


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