South Australian Current Acts South Australian Current Acts (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 the Court having
jurisdiction under section 34 to hear applications setting aside the
award.
(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.