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§ 8.01-581.07.Award; fees and expenses to be fixed.

Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026

In one sentenceThe arbitrators must put the award in writing, sign it, and deliver a copy to each party, must make it within whatever time the agreement or a court sets, extendable in writing, and unless the agreement says otherwise, the award itself fixes how the arbitrators’ own fees and other non-counsel expenses get paid.

Full Text of § 8.01-581.07

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The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees incurred in the conduct of the arbitration, and all other expenses, not including counsel fees, shall be paid as provided in the award.

Plain-English Summary

An arbitration decision only becomes an “award” once it takes a particular form. This section requires the award to be in writing and signed by the arbitrators who join in it, then delivered to each party personally, by registered mail, or however the agreement specifies.

Timing has real consequences. The award must be made within whatever period the agreement fixes, or, if the agreement is silent, within whatever time the court orders on a party’s application. The parties can extend that deadline in writing, either before or after it runs out — but if a party thinks the award came in late and wants to object, that objection has to reach the arbitrators before the award is delivered, or it is waived.

Money matters get resolved inside the award itself. Unless the arbitration agreement says otherwise, the arbitrators decide, as part of the award, how their own expenses and fees — and any other expenses apart from counsel fees — get paid.

Frequently Asked Questions

What form must an arbitration award take?

It must be in writing and signed by the arbitrators joining in the award, with a copy delivered to each party personally, by registered mail, or as provided in the agreement.

Is there a deadline for arbitrators to make an award?

Yes, within the time fixed by the agreement or, if none is fixed, within the time the court orders on a party’s application; the parties may extend that time in writing.

What happens if a party thinks the award was made too late?

The objection is waived unless the party notifies the arbitrators of it before the award is delivered.

Who decides how the arbitrators’ own fees get paid?

Unless the arbitration agreement provides otherwise, the arbitrators’ expenses and fees, and other expenses not including counsel fees, are paid as provided in the award itself.

Does this section address attorney fees for the parties?

No, it excludes counsel fees from the expenses the award addresses, covering only the arbitrators’ own fees and other non-counsel expenses.

Amendment History

1986, c. 614.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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