33BCosts

33B Costs (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. Part 6 Making of award and termination of proceedings Section 33C page 50 Commercial Arbitration Act 2017 Effective: 02/07/19 R3 02/07/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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. 33C Application of Legal Profession Act 2006 For section 33B (5), the costs of an arbitration are to be assessed in accordance with the Legal Profession Act 2006, division 3.2.7. Note There is no equivalent to this section in the Model Law.