Arbitration Act 2005 · Updated to 1 Nov 2018 · Part III · Additional Provisions Relating to Arbitration
44. Costs and expenses of an arbitration
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the costs and expenses of an arbitration shall be in the discretion of the arbitral tribunal who may—
direct to and by whom and in what manner those costs or any part thereof shall be paid;
tax or settle the amount of such costs and expenses;
and
award such costs and expenses to be paid as between solicitor and client;
any party may apply to the High Court for the costs to be taxed where an arbitral tribunal has in its award directed that costs and expenses be paid by any party, but fails to specify the amount of such costs and expenses within thirty days of having being requested to do so; or
each party shall be responsible for its own legal and other expenses and for an equal share of the fees and expenses of the arbitral tribunal and any other expenses relating to the arbitration in the absence of an award or additional award fixing and allocating the costs and expenses of the arbitration.
Unless otherwise agreed by the parties, where a party makes an offer to the other party to settle the dispute or part of the dispute and the offer is not accepted and the award of the arbitral tribunal is no more favourable to the other party than was the offer, the arbitral tribunal, in fixing and allocating the costs and expenses of the arbitration, may take the fact of the offer into account in awarding costs and expenses in respect of the period from the making of the offer to the making of the award.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all the parties to the arbitration agreement, means a party to the arbitration;
An offer to settle made under subsection (2) shall not be communicated to the arbitral tribunal until it has made a final determination of all aspects of the dispute other than the fixing and allocation of costs and expenses.
arbitral tribunal
“arbitral tribunal” means an emergency arbitrator, a sole arbitrator or a panel of arbitrators.
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Where an arbitral tribunal refuses to deliver its award before the payment of its fees and expenses, the High Court may order the arbitral tribunal to deliver the award on such conditions as the High Court thinks fit.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders;
A taxation of costs, fees and expenses under this section may be reviewed in the same manner as a taxation of costs.