33DCosts of abortive arbitration

33D Costs of abortive arbitration (1) Unless otherwise agreed in writing by the parties, if an arbitration is commenced but for any reason fails, the court may, on the application of a party or the arbitral tribunal made within 6 months after the failure of the arbitration, make such orders in relation to the costs of the arbitration as it thinks just. (2) For the purposes of this section, an arbitration is taken to have failed if— (a) a final award is not made by the arbitral tribunal before the arbitration terminates; or (b) an award made is wholly set aside by the court. (3) If the failed arbitration is a related proceedings (within the meaning of section 27C), the court may stay proceedings on the application under subsection (1) pending the determination of the other arbitration proceedings to which the failed arbitration is related. Note There is no equivalent to this section in the Model Law.

Making of award and termination of proceedings Part 6 Section 33E R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au