O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-9-80 (2019)

Finality of findings absent appeal; appeals to superior courts; transmittal of record; when findings set aside; disposition of case; supersedeas

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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. (b) 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. (c) 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. (d) 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. (e) 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.

History

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.

Annotations

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 ser-

vices 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 Ga. App. LEXIS 1066 (2007), cert. denied, No. S08C0477, 2008 Ga. LEXIS 325 (Ga. Mar. 31, 2008).

RESEARCH REFERENCES ALR. Participation in arbitration proceedings

as waiver to objections to arbitrability under state law, 56 A.L.R.5th 757.

Notes of Decisions
Cited in 13 cases, 1983–2007 · leading case: Camp v. Columbus, 311 S.E.2d 834 (Ga. 1984).
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Camp v. Columbus, 311 S.E.2d 834 (Ga. 1984). · cites it 8× “ng any part of the contract would be decided by a board of arbitration; disputes have arisen concerning the sufficiency of the defendant's performance under the contract; the plaintiff wishes to arbitrate such disputes with the defendant; the arbitration provisions of the…”
Choate Constr. Co. v. Ideal Elec. Contractors, Inc., 541 S.E.2d 435 (Ga. Ct. App. 2000). · cites it 2× “But the Georgia Arbitration Code for Construction Contracts, OCGA §§ 9-9-80 through 9-9-97, was enacted after Fisher was decided.”
Phillips Constr. Co. v. Cowart Iron Works, Inc., 299 S.E.2d 538 (Ga. 1983). · cites it 2× “Because arbitration provisions are common in such contracts, the judiciary will be confronted with this problem more frequently.”
Georgia Kraft Co. v. Rhodes, 360 S.E.2d 595 (Ga. 1987). · cites it 2× “OCGA § 9-9-80 et seq. The trial court has found a breach of the Contract and entered a permanent injunction respecting harvesting of trees.”
Lowe v. Ctr. Neurology Assocs., P.C., 653 S.E.2d 318 (Ga. Ct. App. 2007). · cites it 2× “Had the arbitrators found that to have been the case, however, they then would have held that Center Neurology could not recover from Lowe, but instead could recover only against the Plan *169 and only to the extent that Lowe’s health benefits covered the services rendered.”
Weyant v. MacIntyre, 438 S.E.2d 640 (Ga. Ct. App. 1993). · cites it 2× “205, 207 (3) ( 355 SE2d 79 ) (1987), “[t]he General Assembly has established the public policy of this State with regard to the enforceability of arbitration agreements” (construing former construction contract arbitration code, OCGA § 9-9-80 et seq.). By its terms, OCGA § 9-9-2…”
Brockett Pointe Shopping Ctr., Ltd. v. Dev. Contractors, Inc., 389 S.E.2d 374 (Ga. Ct. App. 1989). · cites it 4× “This appeal followed. Held: In support of its sole enumeration, Brockett Pointe argues that the method used by AAA in selecting a substitute arbitrator was in violation of the Georgia Arbitration Code, OCGA § 9-9-80 et seq.”
Tampa Motel Mgmt. Co. v. Stratton of Florida, Inc., 366 S.E.2d 804 (Ga. Ct. App. 1988). · cites it 2× “Appellee Stratton contends that venue was proper in DeKalb County under the Georgia Arbitration Code for Construction Contracts (“Georgia arbitration code”) (OCGA § 9-9-80 et seq.). OCGA § 9-9-84 (b) provides that “[v]enue for applications to the court shall lie: (1) In the…”
Raymer v. Foster & Cooper, Inc., 393 S.E.2d 49 (Ga. Ct. App. 1990). · cites it 2× “Consequently, we must apply OCGA § 9-9-80 et seq. as it existed prior to amendment effective July 1, 1988.”
Freeman v. C. W. Redfern Enter., Inc., 355 S.E.2d 79 (Ga. Ct. App. 1987). · cites it 2× “See OCGA § 9-9-80 et seq. The arbitration agreement contained in the construction contract for remodeling appellant’s kitchen is clearly valid and enforceable pursuant to the relevant statutory provisions.”
Hughes & Peden, Inc. v. Budd Contracting Co., Inc., 388 S.E.2d 753 (Ga. Ct. App. 1989). · cites it 2× “This dispute arose from a construction contract dated April 10, 1987, and is therefore governed regarding arbitration by OCGA § 9-9-80 et seq. Subcontractor Budd Contracting Company, Inc.”
City of Atlanta v. Brinderson Corp., 799 F.2d 1541 (11th Cir. 1986). · cites it 2× “In fact, the Georgia Arbitration Code for Construction Contracts, OCGA § 9-9-80 et seq., specifically authorizes arbitration in construction contracts.”
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