Cost and Fees

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Arbitrator is Empowered to make an award of costs Re Stephen, Smith and Co and Liverpool and London and Globe Insurance Co [1892] 36 Sol Jo 464 The effect of the clause is to make arbitrators and umpires judges in their own cause and to allow them to settle finally the amount of costs to be paid to them. Must not take into account: prejudice of race, religion or sympathy with the unsuccessful party. The exercise of this power must be in the form of an award. The arbitrator must specify the party entitled to costs Who shall pay The amount Method of determining that amount Manner in which the cost shall be paid
Cost The complexity of the cause or matter and the difficulty or novelty of the questions involved The skill, specialised knowledge and responsibility required of, and the time and labour expended The number and importance of the documents (however brief) prepared or perused The place and circumstances in which the business involved is transacted The urgency and importance of the cause or matter to the client Where money or property is involved, its amount or value
Page 1: Law of Arbitration DR. ZULKIFLI HAS
Page 6 and 7: COSTS Costs of legal advice and rep
Page 8 and 9: TERMS USED IN ARBITRATION ACT 2005
Page 10 and 11: SECTION 44 Parties to a reference a
Page 14 and 15: Costs Prima Facie to follow the eve
Page 16 and 17: the arbitrator may normally retain
Page 18 and 19: Award without costs Williams v Wil
Page 20 and 21: y virtue of S. 33(6), interest is p
Page 22 and 23: APPLICATION TO SET ASIDE OF AN AWAR
Page 24 and 25: vi) Composition of the arbitral tri
Page 26 and 27: Case: Haigh v Haigh [1861] 31 LJ Ch
Page 28 and 29: Other situations in which an award
Page 30 and 31: iv) Mistake or error apparent on th
Page 32 and 33: REFERENCE ON QUESTION OF LAW An aw
Page 34: DISTINCTION BETWEEN REMISSION AND S

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