(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.
§ 9-9-80.Finality of findings absent appeal; appeals to superior courts; transmittal of record; when findings set aside; disposition of case; supersedeas
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceMakes the arbitrators’ findings final unless a party appeals within 30 days of their entry on the court’s minutes, sets out how the referee transmits the record to the superior court, limits the grounds for setting findings aside to fraud, lack of supporting evidence, or a finding contrary to law, and makes an appeal an automatic supersedeas against payment.
Full Text of § 9-9-80
(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.
Plain-English Summary
If no one appeals, the arbitrators’ findings become final and conclusive on every matter submitted. Either party has 30 days from the date the findings are entered on the court’s minutes to appeal to the superior court of the county where the arbitration was authorized. Once an appeal is filed, the findings stay unsettled until the appeal is finally resolved.
To start an appeal, the aggrieved party files a written application with the referee, stating the general grounds for the appeal. The referee then has 30 days from that filing to transmit a true copy of the submission, the findings, and the rest of the record — including the transcript of evidence and proceedings — to the clerk of the appropriate superior court. Either party can then bring the case on for a hearing on the existing record, with ten days’ written notice to the other side, subject to the court’s own calendar.
The review the court performs is narrow. Findings of fact are conclusive absent fraud, and the court can set them aside only if they were procured by fraud, if no evidence supports them, or if they’re contrary to law — no other ground will do. If none of those grounds apply, the court affirms. If the court does set findings aside, it can either send the case back to the arbitration panel for further proceedings consistent with its ruling, or enter judgment itself, and the resulting decree carries the same effect as if the court had tried the case from the start.
An appeal also works as an automatic supersedeas: the defendant doesn’t have to pay the amount at stake while the appeal is pending, though nothing stops the defendant from paying voluntarily before the appeal is finally decided.
Frequently Asked Questions
How long does a party have to appeal the arbitrators’ findings?
30 days from the date the findings are entered on the minutes of the court that authorized the arbitration.
What must an aggrieved party do to start an appeal?
File a written application with the referee, stating generally the grounds on which the appeal is sought.
How long does the referee have to send the record to the superior court?
30 days from the filing of the appeal application.
On what grounds can a court set aside the arbitrators’ findings?
Only if the findings were procured by fraud, there is no evidence to support the findings of fact, or the findings are contrary to law.
Does an appeal require the losing defendant to pay right away?
No, the appeal operates as a supersedeas, so payment isn’t required until the appeal is finally decided, though the defendant may pay voluntarily sooner.
Amendment 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.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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