ARBITRATION AND CONCILIATION ACT
Section 49: Costs.
(1) The arbitral tribunal shall fix costs of arbitration in its award and the term "costs" includes only-
(a) the fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself;
(b) the travel and other expenses incurred by the arbitrators;
(c) the cost of expert advice and of other assistance required by the arbitral tribunal;
(d) the travel and other expenses of witnesses to the extent that such expenses are approved by the arbitral tribunal;
(e) the costs for legal representation and assistance of the successful party if such costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable.
(2) The fees of the arbitral tribuanl shall be reasonable in amount taking into account the amount in dispute, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case.
(3) If an appointing authority has been agreed upon by the parties or designated by the Secretary-General of the Permanent Court of Arbitration at The Hague, and if that authority has issued a schedule of fees for arbitrators in international cases which it administers, the arbitral tribunal in fixing its fees shall take that schedule of fees into account to the extent that, it considers appropriate in the circumstances of the case.
(4) If such appointing authority has not issued a schedule of fees for arbitrators in international cases, any party may, at any time request the appointing authority to furnish a statement setting forth the basis for establishing fees, which is customarily followed in international cases in which the authority consents to provide such a statement, the arbitral tribunal in fixing its fees shall, take such information into account, to the extent that it considers appropriate in the circumstances of the case.
(5) In cases referred to in subsections (3) and (4) of this section, when a party so requests that the appointing authority consents to perform the function, the arbitral tribunal shall fix its fees only after consultation with the appointing authority, which may make any comment it deems appropriate to the arbitral tribunal concerning the fees.
Cite this section
Section 49, ARBITRATION AND CONCILIATION ACT (1988).
https://repo.podus.ai/laws/arbitration-and-conciliation-act/section/49/