33BCosts
(1)
Unless otherwise agreed by the parties, the costs
of an arbitration (including the fees and expenses of the arbitrator or
arbitrators) are to be in the discretion of the arbitral
tribunal.
(2)
Unless otherwise agreed by the parties, the
arbitral tribunal may direct that the costs of an arbitration, or of any part
of the arbitral proceedings, are to be limited to a specified
amount.
(3)
A direction under subsection (2) may be 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.
(4)
The arbitral tribunal may, in making an
award:
(a)
direct to whom, by whom, and in what manner, the
whole or any part of the costs that it awards are to be paid,
and
(b)
tax or settle the amount of costs to be paid or
any part of those costs, and
(c)
award costs to be taxed or settled as between
party and party or as between legal practitioner and
client.
(5)
Any costs of an arbitration (other than the fees
or expenses of an arbitrator) that are directed to be paid by an award are, to
the extent that they have not been taxed or settled by the arbitral tribunal,
to be assessed in accordance with section 33C.
(6)
If no provision is made by an award with respect
to the costs of the arbitration, a party may, within 14 days after receiving
the award, apply to the arbitral tribunal for directions as to the payment of
those costs.
(7)
The arbitral tribunal must, after hearing any
party who wishes to be heard, amend the award by adding to it such directions
as the arbitral tribunal thinks proper with respect to the payment of the
costs of the arbitration.
Note—
There is no equivalent to this section in the
Model Law.
s 33B: Am 2015 No 7,
Sch 2.4 [2].