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Arbitration (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Rule 56 Power to withhold award on non-payment of fees or expenses M

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56(1)The tribunal may refuse to deliver or send its award to the parties if any fees and expenses for which they are liable under rule 60 have not been paid in full.

(2)Where the tribunal so refuses, the court may (on an application by any party) order—

(a)that the tribunal must deliver the award on the applicant paying into the court an amount equal to the fees and expenses demanded (or such lesser amount as may be specified in the order),

(b)that the amount paid into the court is to be used to pay the fees and expenses which the court determines as being properly payable, and

(c)that the balance (if any) of the amount paid into the court is to be repaid to the applicant.

(3)The court may make such an order only if the applicant has exhausted any available arbitral process of appeal or review of the amount of the fees and expenses demanded.

(4)The court’s decision on an application under this rule is final.

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