Commonwealth Consolidated Acts

INTERNATIONAL ARBITRATION ACT 1974 - SECT 27

             (1)  Unless the parties to an arbitration agreement have (whether in the agreement or in any other document in writing) otherwise agreed, the costs of an arbitration (including the fees and expenses of the arbitrator or arbitrators) shall be in the discretion of the arbitral tribunal.

             (2)  An arbitral tribunal may in making an award:

                     (a)  direct to whom, by whom, and in what manner, the whole or any part of the costs that it awards shall be paid;

                     (b)  tax or settle the amount of costs to be so paid or any part of those costs; and

                     (c)  award costs to be taxed or settled as between party and party or as between solicitor and client.

             (3)  Any costs of an arbitration (other than the fees or expenses of an arbitrator) that are directed to be paid by an award are, to the extent that they have not been taxed or settled by the arbitral tribunal, taxable in the Court having jurisdiction under Article 34 of the Model Law to hear applications for setting aside the award.

             (4)  If no provision is made by an award with respect to the costs of the arbitration, a party to the arbitration agreement may, within 14 days after receiving the award, apply to the arbitral tribunal for directions as to the payment of those costs, and thereupon the tribunal shall, after hearing any party who wishes to be heard, amend the award by adding to it such directions as the tribunal thinks proper with respect to the payment of the costs of the arbitration.