| Commentary

49 Arbitration costs

| Commentary

6: COSTS OF THE ARBITRATION

49 Arbitration costs

The Arbitration Act 1996 Sections 59–65 address how the costs of the arbitration are to be allocated between the parties. For this purpose the costs of the arbitration comprise:

  1. 49.1

        the arbitrators’ fees and expenses1;

  2. 49.2

        the fees and expenses of any arbitral institution; and

  3. 49.3

        the legal or other costs of the parties, which may include contingency fees2 and third-party funding costs3.

The tribunal is given wide discretion as to the basis upon which to make any order as to costs4. Generally,

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