Mineral and Energy Resources (Common Provisions) Regulation 2016
sec.54Matters arbitrator must consider in deciding award—Act, 178
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sec.54 Matters arbitrator must consider in deciding award—Act, 178
For section 178 (4) of the Act , an arbitrator must consider the following matters in deciding an award— any evidence supplied to the arbitrator; for making a decision under section 181 (1) of the Act about the liability of the parties to pay the costs of the arbitration— whether a party has made a frivolous or vexatious claim in the arbitration; and whether a party has complied with an order or direction of the arbitrator; and whether a party has participated in the arbitration in good faith; and the amount of any fees incurred because of the appointment of experts under section 179 of the Act .
- (a) any evidence supplied to the arbitrator;
- (b) for making a decision under section 181 (1) of the Act about the liability of the parties to pay the costs of the arbitration— (i) whether a party has made a frivolous or vexatious claim in the arbitration; and (ii) whether a party has complied with an order or direction of the arbitrator; and (iii) whether a party has participated in the arbitration in good faith; and (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .
- (i) whether a party has made a frivolous or vexatious claim in the arbitration; and
- (ii) whether a party has complied with an order or direction of the arbitrator; and
- (iii) whether a party has participated in the arbitration in good faith; and
- (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .
- (i) whether a party has made a frivolous or vexatious claim in the arbitration; and
- (ii) whether a party has complied with an order or direction of the arbitrator; and
- (iii) whether a party has participated in the arbitration in good faith; and
- (iv) the amount of any fees incurred because of the appointment of experts under section 179 of the Act .