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Call Now: 904-383-7448Unless 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.
(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.)
- O.C.G.A. § 9-9-17 does not specifically prohibit the parties from contracting for the recovery of attorney's fees in arbitration proceedings; it merely addresses the allocation of the expenses of arbitration other than attorney's fees and provides that, as to the allocation of those expenses, the award will control insofar as it is not inconsistent with the parties' agreement. Hope & Assocs. v. Marvin M. Black Co., 205 Ga. App. 561, 422 S.E.2d 918 (1992).
- The appellate record did not reveal a manifest disregard for the law nor complete irrationality by the arbitrator sufficient to warrant vacation of the award. Haddon v. Shaheen & Co., 231 Ga. App. 596, 499 S.E.2d 693 (1998).
- Once it is found that an underlying contract involves interstate or foreign commerce or a maritime transaction, the federal Arbitration Act, 9 U.S.C. § 1 et seq., preempts the field and former O.C.G.A. § 9-9-97 (now this section) does not apply. Ceco Concrete Constr. v. J.T. Schrimsher Constr. Co., 792 F. Supp. 109 (N.D. Ga. 1992).
Cited in Jamison v. West, 191 Ga. App. 431, 382 S.E.2d 170 (1989).
- Awarding attorneys' fees in connection with arbitration, 60 A.L.R.5th 669.
No results found for Georgia Code 9-9-17.