| Commentary

50 Recoverable costs

| Commentary

50 Recoverable costs

Unless otherwise agreed by the parties, recoverable costs are to be determined on the basis that the successful party is entitled to recover a reasonable amount in respect of all costs reasonably incurred, with any doubt as to reasonableness being resolved in favour of the paying party1. This formulation is in identical terms to the standard basis for assessment of costs in court proceedings. The tribunal may decide upon a different basis for awarding costs in appropriate circumstances (for example, on an indemnity basis2).

Unless otherwise agreed by the parties, the tribunal may limit in advance the recoverable

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