57Costs of arbitration

57 Costs of arbitration

(1) Each party to a dispute that was the subject of an arbitration conducted under this Division must pay half of all reasonable costs (if any) associated with the conduct of the arbitration, unless:

(a) the parties to the dispute agree otherwise; or

(b) the arbitrator makes a determination under subsection (3) regarding the costs.

(2) Despite subsection (1), each party to a dispute that was the subject of an arbitration conducted under this Division must pay that party’s costs of attending the arbitration, unless:

(a) the parties agree otherwise; or

(b) the arbitrator makes a determination under subsection (3) regarding the costs.

(3) The arbitrator may determine, in writing, either or both of the following matters if the arbitrator considers it appropriate to do so:

(a) that the reasonable costs associated with the conduct of the arbitration are to be apportioned in a specified way;

(b) that a party to the dispute is to pay the whole of the costs, or specified costs, of the other party to the dispute attending the arbitration.

(4) In deciding whether to make a determination under subsection (3), the arbitrator must have regard to:

(a) which party to the dispute requested the ACCC to appoint an arbitrator (or whether the appointment was requested on the agreement of the parties); and

(b) the outcome of the arbitration.

(5) A determination made under subsection (3) is not a legislative instrument.