Arbitration Act · 2024 Revised Edition · Part · Award
41. Power to withhold award in case of non-payment
Official textFrom Attorney General's Chambers, unchanged
The arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
Where subsection (1) applies, a party to the arbitration proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court which may order that —
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
the arbitral tribunal shall deliver the award upon payment into
Court by the applicant of those fees and expenses, or such lesser amount as the Court may specify;
the amount of those fees and expenses demanded shall be taxed by the Registrar of the Supreme Court; and
out of the money paid into Court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money (if any) shall be paid to the applicant.
A taxation of fees under this section shall be reviewed in the same manner as a taxation of costs.
Arbitration 32
The arbitrator shall be entitled to appear and be heard on any taxation or review of taxation under this section.
For the purpose of this section, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 40
or under any agreement relating to the payment of fees and expenses of the arbitrators.
No application to the Court may be made unless the Court is satisfied that the applicant has first exhausted any available arbitral process for appeal or review of the amount of the fees or expenses of the arbitrators.
This section applies to any arbitral or other institution or person vested with powers by the parties in relation to the delivery of the award by the tribunal and any reference to the fees and expenses of the arbitrators shall be construed as including the fees and expenses of that institution or person.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any order or direction made under section 28;
The leave of the Court shall be required for any appeal from a decision of the Court under this section.
Terms defined in s 2
arbitral tribunal
Defined · s 2“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
award
Defined · s 2“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any order or direction made under section 28;
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
Registrar of the Supreme Court
Defined · s 2“Registrar of the Supreme Court” has the same meaning as in section 2 of the Supreme Court Act;
Part
Powers of Court in Relation to Award
Part