56 Power to withhold award in case of non-payment.E+W+N.I.
(1)The tribunal may refuse to deliver an award to the parties except upon full payment of the fees and expenses of the arbitrators.
(2)If the tribunal refuses on that ground to deliver an award, a party to the arbitral proceedings may (upon notice to the other parties and the tribunal) apply to the court, which may order that—
(a)the tribunal shall deliver the award on the payment into court by the applicant of the fees and expenses demanded, or such lesser amount as the court may specify,
(b)the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as the court may direct, and
(c)out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.
(3)For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrators.
(4)No application to the court may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded.
(5)References in this section to arbitrators include an arbitrator who has ceased to act and an umpire who has not replaced the other arbitrators.
(6)The above provisions of this section also apply in relation to any arbitral or other institution or person vested by the parties with powers in relation to the delivery of the tribunal’s award.
As they so apply, the references to the fees and expenses of the arbitrators shall be construed as including the fees and expenses of that institution or person.
(7)The leave of the court is required for any appeal from a decision of the court under this section.
(8)Nothing in this section shall be construed as excluding an application under section 28 where payment has been made to the arbitrators in order to obtain the award.