Idaho Code
Idaho Code § 7-910 (2026)
Fees and expenses of arbitration.
✓ current as of May 2026
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Fees and expenses of arbitration.
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.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1983–2023 · leading case: Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005).
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005). “Likewise, the award of attorney fees exceeded the arbitration panel's grant of authority under Idaho Code § 7-910 . I.C. § 7-910 states that unless the parties have otherwise agreed, the arbitrators' expenses and *149 fees, not including attorney fees, shall be paid as provided…”
Wolfe v. Farm Bureau Ins., 913 P.2d 1168 (Idaho 1996). “Therefore, Wolfe may not recover costs and prejudgment interest incurred during arbitration in his motion for confirmation of the arbitration award or in his breach of insurance contract action. JOHNSON, TROUT and SILAK, JJ., and Justice Pro Tem LEGGETT, concur.”
Barbee v. WMA Sec., Inc., 146 P.3d 657 (Idaho 2006). “§ 30-1446 authorized the recovery of fees and costs through an award confirmation proceeding.”
Emery v. United Pac. Ins., 815 P.2d 442 (Idaho 1991). “United Pacific appeals this award of attorney fees asserting that pursuant to I.C. § 7-910 and the arbitration clause contained in the insurance contract, attorney fees should not have been awarded to the extent that they were incurred during an arbitration proceeding.”
Driver v. SI CORP., 80 P.3d 1024 (Idaho 2003). “” I.C. § 7-910 (emphasis added). However, this section only applies to fees “incurred in the conduct of the arbitration,” not the proceedings to confirm the arbitration award.”
Schilling v. Allstate Ins., 980 P.2d 1014 (Idaho 1999). “Appellant first argues that the district court misconceived the scope of the *1016 arbitration panel's authority to award prejudgment (pre-award) interest as an "other expense" pursuant to section 7-910 of the Idaho Code.”
Grease Spot, Inc. v. Harnes, 226 P.3d 524 (Idaho 2010). “Idaho Code § 7-910 provides: 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.”
Cranney v. Mut. of Enumclaw Ins., 175 P.3d 168 (Idaho 2007). “3d 699, 705 (2004), a case that involved the arbitration of the amount due under an underinsured motorist coverage, we stated the law regarding the awarding of prejudgment interest in such cases as follows, "Absent an agreement to the contrary, an arbitrator has authority under…”
Bingham Cnty. Comm'n v. Interstate Elec. Co., 665 P.2d 1046 (Idaho 1983). “I.C. § 7-910, a provision of the Uniform Arbitration Act, provides for the award of fees and expenses of arbitration.”
Am. & Foreign Ins. Co. v. Reichert, 94 P.3d 699 (Idaho 2004). “In order for the arbitrator to have authority to modify or correct the award there must be an evident miscalculation of figures, an evident mistake in the description of any person, thing or property, or the award is imperfect in a matter of form.”
Lovey v. Régence BlueShield of Idaho, 72 P.3d 877 (Idaho 2003). “If the matter were litigated in court, the prevailing party would be entitled to an award of court costs within the limits provided by Rule 54(d)(1) of the Idaho Rules of Civil Procedure.”
Deelstra v. Hagler, 188 P.3d 864 (Idaho 2008). “” 2 The arbitrator cited Idaho Code § 7-910 and this Court’s reading of that statute in Bingham County Comm’n.”
— Idaho Code § 7-910(2004) — 1 case
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005). “Likewise, the award of attorney fees exceeded the arbitration panel's grant of authority under Idaho Code § 7-910 . I.C. § 7-910 states that unless the parties have otherwise agreed, the arbitrators' expenses and *149 fees, not including attorney fees, shall be paid as provided…”
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