New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984 - SECT 36

36 Costs of abortive arbitration

(1) Unless otherwise agreed in writing by the parties to the arbitration agreement, where an arbitration is commenced but for any reason the arbitration fails, the Court may, on the application of a party to the arbitration agreement or the arbitrator or umpire, make such orders in relation to the costs of the arbitration as it thinks just.

(2) For the purposes of this section, where:

(a) a final award is not made by the arbitrator or umpire before the arbitration terminates, or

(b) an award made is wholly set aside by the Court,

an arbitration shall be deemed to have failed.