New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984 - SECT 35

35 Assessment of arbitrator’s or umpire’s fees and expenses

(1) If an arbitrator or umpire refuses to deliver an award except on payment of the fees and expenses demanded by the arbitrator or umpire, the Court may, on application made by a party to the arbitration agreement, order that:

(a) the arbitrator or umpire deliver the award to the applicant on such terms as to the payment of the fees and expenses of the arbitrator or umpire as the Court considers appropriate, and

(b) the fees and expenses demanded by the arbitrator or umpire be assessed.

(2) Notwithstanding that the amount of the fees or expenses of the arbitrator or umpire may be fixed by the award, those fees or expenses may, on the application of a party to the arbitration agreement or of the arbitrator or umpire, be assessed.

(3) The arbitrator or umpire and any party to the arbitration agreement shall be entitled to make written submissions to the costs assessor in respect of any assessment required by this section.

(4) Where the fees and expenses of an arbitrator or umpire are assessed, the arbitrator or umpire shall be entitled to be paid by way of fees and expenses only such sum as may be found fair and reasonable on assessment.