The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.
§ 9-9-81.Costs; how taxed
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceRequires the arbitrators to state the costs of the case in their award and to tax — that is, allocate — those costs against the parties according to the cost-payment terms the parties already agreed to in the arbitration submission.
Full Text of § 9-9-81
Plain-English Summary
Alongside their substantive findings, the arbitrators have to address costs. Their award must return, or state, the costs of the case, and then tax those costs against the parties.
Rather than applying a default rule like the loser paying everything, the arbitrators follow whatever cost-allocation terms the parties already worked out in the submission under Code Section 9-9-65(a)(2). Because the findings, once entered on the court’s minutes under Code Section 9-9-79, carry the force of a judgment, the cost allocation the arbitrators set becomes enforceable right along with the rest of the award.
Frequently Asked Questions
Who decides how arbitration costs get allocated between the parties?
The arbitrators, who tax the costs in accordance with the submission.
Where are the cost-allocation terms originally set?
In the arbitration submission the parties signed under Code Section 9-9-65.
Must the arbitrators address costs in their award?
Yes, they shall return the costs of the case in their award.
Does this section set a default rule for who pays costs?
No, it defers entirely to whatever the parties agreed to in the submission.
What does it mean to “tax” the costs under this section?
It means allocating and assessing the costs against the parties, consistent with the submission’s terms.
Amendment History
Code 1933, § 7-422, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-131; Code 1981, § 9-9-81, 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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