Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
§ 9-9-17.Arbitrators’ fees and expenses
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 1988 · Last verified July 17, 2026
In one sentenceUnless the arbitration agreement provides otherwise, the arbitrators’ own fees and expenses, along with other costs incurred in conducting the arbitration but not counsel fees, are allocated among the parties however the award itself directs, giving arbitrators the same control over costs that a court exercises in litigation.
Full Text of § 9-9-17
Plain-English Summary
Someone has to pay for arbitration, and this section says who decides that question and how. The default rule hands the decision to the arbitrators themselves: unless the parties’ agreement says otherwise, the award is where the arbitrators’ fees and expenses, along with other costs of conducting the arbitration, get allocated.
The category is broader than just the arbitrators’ own pay. “Other expenses incurred in the conduct of the arbitration” can sweep in things like hearing-room rental, court-reporter charges, or administrative costs tied to running the proceeding. The one clear carve-out is counsel fees — what each side pays its own lawyer is not part of what this section lets the arbitrators allocate.
Because the agreement can override this default, parties who care about how costs get split should say so up front. Absent that kind of provision, a party should expect the award itself, not a separate court proceeding, to be where the cost allocation gets decided.
Frequently Asked Questions
Who decides how arbitrators’ fees get paid?
The arbitrators themselves, through the award, unless the agreement to arbitrate provides a different arrangement.
Does this section cover attorney’s fees for the parties’ own lawyers?
No. The section expressly excludes counsel fees from the expenses it addresses.
Can the parties agree in advance how arbitration costs will be split?
Yes. The section applies unless otherwise provided in the agreement to arbitrate, so the parties can set their own arrangement.
Where does the allocation of arbitrators’ fees and expenses show up?
In the award itself, which is where the statute directs those costs to be paid as provided.
Does this section only cover the arbitrators’ personal fees?
No. It also covers other expenses incurred in conducting the arbitration, not just the arbitrators’ own fees.
Amendment History
Code 1933, § 7-318, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-97; Code 1981, § 9-9-17, as redesignated by Ga. L. 1988, p. 903, § 1.
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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