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Cost and Fees

Cost and Fees

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Arbitrator is Empowered to make an award of costs<br />

Re Stephen, Smith <strong>and</strong> Co <strong>and</strong> Liverpool <strong>and</strong> London <strong>and</strong> Globe<br />

Insurance Co [1892] 36 Sol Jo 464<br />

The effect of the clause is to make arbitrators <strong>and</strong> umpires judges<br />

in their own cause <strong>and</strong> to allow them to settle finally the amount<br />

of costs to be paid to them.<br />

Must not take into account: prejudice of race, religion or<br />

sympathy with the unsuccessful party.<br />

The exercise of this power must be in the form of an<br />

award.<br />

The arbitrator must specify<br />

the party entitled to costs<br />

Who shall pay<br />

The amount<br />

Method of determining that amount<br />

Manner in which the cost shall be paid

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