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Provisions in relation to costs of arbitration.
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19.—(1) Where an award or order is made in an arbitration under this Act, the county registrar conducting the arbitrationshall direct to and by whom and in what manner the costs of the arbitration shall be paid and shall tax or settle the amount of costs to be so paid.
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(2) Notwithstanding any other provision of this Act, where, in the opinion of a county registrar, a party to an arbitration under this Act conducted by him has behaved (whether by act or omission) unreasonably or has, without reasonable cause—
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(a) refused or failed to comply with a provision of this Act or delayed in so complying, or
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(b) refused or failed to reach agreement or delayed in reaching agreement in relation to the acquisition of the fee simple in land under this Act or the apportionment of a rent under this Act or the costs of such acquisition or apportionment,
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and such behaviour, refusal, failure or delay occasioned the incurring of the whole or part of the costs of the arbitration, the county registrar may direct that, as he may consider reasonable, the whole, or such part as he may specify, of the costs of the arbitration shall be paid by the party aforesaid.
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(3) A county registrar shall not direct fees of counsel retained on behalf of a party to an arbitration under this Act to be paid by another party to the arbitration unless a question of law was involved in the arbitration of such kind as, in the opinion of the county registrar, rendered it necessary to retain counsel.
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(4) References in this section to the costs of an arbitration are references to party and party costs.
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