allow, apply to the arbitral tribunal for an order directing by and to whom such costs shall be paid.
(5) The arbitral tribunal shall, after giving the parties a reasonable opportunity to be heard, amend its award by adding thereto such directions as it thinks fit with respect to the payment of the costs of the reference.
Fees of arbitrator
40.—(1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses as are appropriate in the circumstances.
(2) Unless the fees of the arbitral tribunal have been fixed by written agreement or such agreement has provided for determination of the fees by a person or institution agreed to by the parties, any party to the arbitration may require that such fees be taxed by the Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act (Cap. 322).
Power to withhold award in case of non-payment
41.—(1) The arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.
(2) Where subsection (1) applies, a party to the arbitration proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court, which may order that—
- (a) the arbitral tribunal shall deliver the award upon payment into Court by the applicant of the fees and expenses demanded, or such lesser amount as the Court may specify;
- (b) the amount of the fees and expenses demanded shall be taxed by the Registrar of the Supreme Court; and
- (c) out of the money paid into Court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money (if any) shall be paid out to the applicant.
(3) A taxation of fees under this section shall be reviewed in the same manner as a taxation of costs.
(4) The arbitrator shall be entitled to appear and be heard on any taxation or review of taxation under this section.
