Arbitration Act 2010
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Recoverability of costs, fees and expenses of tribunal. |
21.— (1) The parties to an arbitration agreement may make such provision as to the costs of the arbitration as they see fit. | |
(2) An agreement of the parties to arbitrate subject to the rules of an arbitral institution shall be deemed to be an agreement to abide by the rules of that institution as to the costs of the arbitration. | ||
(3) Where no provision for costs is made as referred to in subsection (1) or where a consumer is not bound by an agreement as to costs pursuant to subsection (6), the arbitral tribunal shall, subject to subsection (4), determine by award those costs as it sees fit. | ||
(4) In the case of an arbitration (other than an international commercial arbitration) the arbitral tribunal shall, on the request of any of the parties to the proceedings made not later than 21 working days after the determination by the tribunal in relation to costs, make an order for the taxation of costs of the arbitration by a Taxing Master of the High Court, or as the case may be, the County Registrar; and the Taxing Master, or as the case may be, the County Registrar, shall in relation to any such taxation, have (with any necessary modifications) all the functions for the time being conferred on him or her under any enactment or in any rules of court in relation to the taxation of costs to be paid by one party to another in proceedings before a court. | ||
(5) Where the arbitral tribunal makes a determination under subsection (3), it shall specify— | ||
(a) the grounds on which it acted, | ||
(b) the items of recoverable costs, fees or expenses, as appropriate, and the amount referable to each, and | ||
(c) by and to whom they shall be paid. | ||
(6) Without prejudice to the generality of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and 2000, an arbitration agreement— | ||
(a) to which one of the parties to the agreement is a consumer, and | ||
(b) a term of which provides that each party shall bear his or her own costs, | ||
shall be deemed to be an unfair term for the purposes of those Regulations. | ||
(7) Section 3 of the Legal Practitioners (Ireland) Act 1876 shall apply as if an arbitration were a proceeding in the High Court and the Court may make declarations and orders accordingly. | ||
(8) In this section references to— | ||
“costs” include costs as between the parties and the fees and expenses of the arbitral tribunal; | ||
“ fees and expenses of the arbitral tribunal ” include the fees and expenses of any expert appointed by the tribunal. |