Northern Territory Consolidated Acts Northern Territory Consolidated Acts34. Costs
(1) Unless a contrary intention is expressed in the arbitration agreement, the costs of the arbitration (including the fees and expenses of the arbitrator or umpire) shall be in his discretion and he may -
(a) direct to and by whom, and in what manner, the whole or a part of those costs shall be paid;
(b) tax or settle the amount of costs to be so paid or a part of those costs; and
(c) award costs to be taxed or settled as between party and party or as between solicitor and client.
(2) The costs of the arbitration (other than the fees or expenses of the arbitrator or umpire) that are directed to be paid by an award shall, except so far as taxed or settled by the arbitrator or umpire, be taxable in the Court.
(3) A provision in an arbitration agreement (being an arbitration agreement that provides for the reference of future disputes to arbitration) to the effect that -
(a) the parties to the agreement shall in any event pay their own costs of the arbitration or a part of those costs; or
(b) except insofar as it relates to a right of indemnity or a right of subrogation, a particular party to the agreement shall in any event pay the costs of any other party or any part of those costs,
is void.
(4) If no provision is made by an award in relation to the costs of the arbitration, a party to the arbitration agreement may, within 14 days after the publication of the award, apply to the arbitrator or umpire for directions as to the payment of those costs, and thereupon the arbitrator or umpire shall, after hearing any party who wishes to be heard, amend the award by adding to it such directions as the arbitrator or umpire thinks fit in relation to the payment of the costs of the arbitration.
(5) Where money has been paid into the Court in accordance with rules made under this Act in satisfaction of a claim to which an arbitration agreement applies, the arbitrator or umpire shall, in exercising the discretion as to costs conferred on him by subsection (1), take into account both the fact that money was paid into the Court and the terms of the offer.
(6) Where in accordance with rules of court an offer of compromise has been made in relation to a claim to which an arbitration agreement applies, the arbitrator or umpire shall, in exercising a discretion as to costs, take into account both the fact that the offer was made and the terms of the offer.
(7) An arbitrator or umpire shall, in exercising the discretion as to costs conferred on him by subsection (1), take into account a refusal or failure by a party to the arbitration agreement to comply with section 37.