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Arbitration Act 1996

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Costs of the arbitrationE+W+N.I.

59 Costs of the arbitration.E+W+N.I.

(1)References in this Part to the costs of the arbitration are to—

(a)the arbitrators’ fees and expenses,

(b)the fees and expenses of any arbitral institution concerned, and

(c)the legal or other costs of the parties.

(2)Any such reference includes the costs of or incidental to any proceedings to determine the amount of the recoverable costs of the arbitration (see section 63).

60 Agreement to pay costs in any event.E+W+N.I.

An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event is only valid if made after the dispute in question has arisen.

61 Award of costs.E+W+N.I.

(1)The tribunal may make an award allocating the costs of the arbitration as between the parties, subject to any agreement of the parties.

(2)Unless the parties otherwise agree, the tribunal shall award costs on the general principle that costs should follow the event except where it appears to the tribunal that in the circumstances this is not appropriate in relation to the whole or part of the costs.

62 Effect of agreement or award about costs.E+W+N.I.

Unless the parties otherwise agree, any obligation under an agreement between them as to how the costs of the arbitration are to be borne, or under an award allocating the costs of the arbitration, extends only to such costs as are recoverable.

63 The recoverable costs of the arbitration.E+W+N.I.

(1)The parties are free to agree what costs of the arbitration are recoverable.

(2)If or to the extent there is no such agreement, the following provisions apply.

(3)The tribunal may determine by award the recoverable costs of the arbitration on such basis as it thinks fit.

If it does so, it shall specify—

(a)the basis on which it has acted, and

(b)the items of recoverable costs and the amount referable to each.

(4)If the tribunal does not determine the recoverable costs of the arbitration, any party to the arbitral proceedings may apply to the court (upon notice to the other parties) which may—

(a)determine the recoverable costs of the arbitration on such basis as it thinks fit, or

(b)order that they shall be determined by such means and upon such terms as it may specify.

(5)Unless the tribunal or the court determines otherwise—

(a)the recoverable costs of the arbitration shall be determined on the basis that there shall be allowed a reasonable amount in respect of all costs reasonably incurred, and

(b)any doubt as to whether costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party.

(6)The above provisions have effect subject to section 64 (recoverable fees and expenses of arbitrators).

(7)Nothing in this section affects any right of the arbitrators, any expert, legal adviser or assessor appointed by the tribunal, or any arbitral institution, to payment of their fees and expenses.

64 Recoverable fees and expenses of arbitrators.E+W+N.I.

(1)Unless otherwise agreed by the parties, the recoverable costs of the arbitration shall include in respect of the fees and expenses of the arbitrators only such reasonable fees and expenses as are appropriate in the circumstances.

(2)If there is any question as to what reasonable fees and expenses are appropriate in the circumstances, and the matter is not already before the court on an application under section 63(4), the court may on the application of any party (upon notice to the other parties)—

(a)determine the matter, or

(b)order that it be determined by such means and upon such terms as the court may specify.

(3)Subsection (1) has effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).

(4)Nothing in this section affects any right of the arbitrator to payment of his fees and expenses.

65 Power to limit recoverable costs.E+W+N.I.

(1)Unless otherwise agreed by the parties, the tribunal may direct that the recoverable costs of the arbitration, or of any part of the arbitral proceedings, shall be limited to a specified amount.

(2)Any direction may be made or varied at any stage, but this must be done sufficiently in advance of the incurring of costs to which it relates, or the taking of any steps in the proceedings which may be affected by it, for the limit to be taken into account.

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