Section 67Part 9 — AWARD
Power to withhold award in case of non-payment
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67. (1) Unless otherwise agreed by the parties, the arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.
Where subsection (1) applies, a party to the arbitration proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the court, which may order that —
the arbitral tribunal shall deliver the award upon payment into court by the applicant of the fees and expenses demanded, or such lesser amount as the court may specify;
the amount of the fees and expenses demanded shall be assessable by the court; and
out of the money paid into court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money, if any, shall be paid out to the applicant.
An assessment of fees under this section shall be reviewed in the same manner as an assessment of costs.
The arbitral tribunal or any member thereof shall be entitled to appear and be heard on any assessment or review of an assessment under this section. Arbitration Law, 2012 Section 68 c Law 3 of 2012 Page 37
For the purpose of this section, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 66 or under any agreement relating to the payment of fees and expenses of the arbitrators.
No application to the court may be made unless the court is satisfied that the applicant has first exhausted any available arbitral process for appeal or review of the amount of the fees or expenses demanded by the arbitrators.
This section shall apply to any arbitral tribunal or person vested with powers by the parties in relation to the delivery of the award by the tribunal and any reference to the fees and expenses of the arbitrators shall be construed as including the fees and expenses of that institution or person.
The leave of the court shall be required for an appeal from a decision of the court under this section.