Unless the arbitration agreement otherwise provides or the parties to the arbitration otherwise agree, each party to the arbitration shall pay his pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees or other expenses incurred by a party for his own benefit.
§ 1284.2.Payment of Expenses and Fees
Title 9. Arbitration · Chapter 3. Conduct of Arbitration Proceedings · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1284.2 requires each party to an arbitration, absent a contrary agreement, to pay its pro rata share of the neutral arbitrator's fees and expenses along with other approved arbitration expenses, while excluding counsel fees, witness fees, and any expense a party incurs for its own benefit.
Full Text of § 1284.2
Plain-English Summary
Somebody has to pay for the arbitrator's time, and this section sets the default rule: each party pays a pro rata share of the neutral arbitrator's fees and expenses, along with any other arbitration expenses the arbitrator incurred or approved. That default applies only when the arbitration agreement and the parties themselves have not worked out a different arrangement.
The pro rata sharing rule has real limits, though. It does not reach a party's own counsel fees, its own witness fees, or any other expense a party incurs purely for its own benefit -- those stay where they land, on the party that spent the money, rather than getting split among everyone.
Frequently Asked Questions
Do parties split the arbitrator's fee evenly by default?
Each pays a pro rata share, unless the agreement or the parties themselves provide otherwise.
Does this section require sharing attorney's fees?
No -- counsel fees are excluded, along with witness fees and any expense a party incurs for its own benefit.
Can the parties agree to a different cost-sharing arrangement?
Yes -- the default applies only absent a contrary agreement.
Amendment History
Added by Stats. 1961, Ch. 461.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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