| Commentary

261 Costs

| Commentary

261 Costs

Subject to any agreement between the parties the arbitrator may make an award allocating the costs of the arbitration between them1. Unless the parties have otherwise agreed, the arbitrator shall award costs on the general principle that costs should follow the event except where it appears to the arbitrator that in the circumstances this is not appropriate in relation to the whole or part of the costs2.

If the arbitrator does not determine the recoverable costs any party may apply to the court3 to determine the recoverable costs on such basis as

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