ABSTRACT

A date for the hearing should also be determined if it is possible at this time and an estimate of the number of days required for the hearing should be sought.

The arbitrator can also address the question of the taxing of costs. The costs in an arbitration as in litigation are generally said to follow the event, ie: winner’s costs are paid by the loser. Any agreement to the effect that one party will indemnify the other in respect of the costs of the arbitration will be void under s 60 of the Arbitration Act 1996, unless the agreement was made after the dispute in question arose. Sections 61-65 deal with the power of the Tribunal to deal with costs and the authority of the parties to determine how such costs are to be dealt with.