Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 35

Assessment of arbitrator's or umpire's fees and expenses

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
        in the Court.



(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 in the Court.

(3) The arbitrator or umpire and any party to the arbitration agreement shall
be entitled to appear and be heard on any assessment under this section.



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