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61(1)The following arbitration expenses are recoverable—
(a)the arbitrators' fees and expenses for which the parties are liable under rule 60,
(b)any expenses incurred by the tribunal when conducting the arbitration for which the parties are liable under rule 60, and
(c)the fees and expenses of any arbitral appointments referee (or any other third party to whom the parties give powers in relation to the arbitration) for which the parties are liable under rule 60.
(2)It is for the tribunal to—
(a)determine the amount of the other arbitration expenses which are recoverable, or
(b)arrange for the Auditor of the Court of Session to determine that amount.
(3)Unless the tribunal or, as the case may be, the Auditor decides otherwise—
(a)the amount of the other arbitration expenses which are recoverable must be determined on the basis that a reasonable amount is to be allowed in respect of all reasonably incurred expenses, and
(b)any doubt as to whether expenses were reasonably incurred or are reasonable in amount is to be resolved in favour of the person liable to pay the expenses.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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