Western Australian Consolidated Acts Western Australian Consolidated Acts (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 the discretion of the arbitrator or umpire, who
may —
(a)
direct to and by whom and in what manner the whole or any part of those costs
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.
(2) Any 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) is void if —
(a) it
is to the effect that a particular party, or the parties, to the agreement
shall in any event pay their own costs of the arbitration or any part of those
costs; or
(b)
except in so far as it relates to a right of indemnity or a right of
subrogation — it is to the effect that a particular party to the
agreement shall in any event pay the costs of any other party or any part of
those costs.
(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 of 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 may think proper with respect to the payment of
the costs of the arbitration.
(5) Where a sum of
money has been paid into the Court in accordance with rules of court 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 the arbitrator or umpire by subsection (1), take into account both the
fact that money was paid into the Court and the amount of that payment.
(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 the discretion as to costs conferred on the
arbitrator or umpire by subsection (1), 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 the
arbitrator or umpire by subsection (1), take into account any refusal or
failure by a party to the arbitration agreement to comply with the provisions
of section 37.
[Section 34 amended by No. 43 of 1997
s. 16.]