Singapore legislation
Section 41
Section 41
Power to withhold award in case of non-payment
(1)
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.
(2)
Where subsection (1) applies, a party to the arbitral proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court, which may order that —
the arbitral tribunal must deliver the award upon payment into Court by the applicant of the fees and expenses demanded, or any lesser amount that the Court may specify;
the amount of the fees and expenses demanded are to be taxed by the Registrar of the Supreme Court; and
out of the money paid into Court, the arbitral tribunal must be paid the fees and expenses that may be found to be properly payable and the balance of the money (if any) must be paid out to the applicant.
(3)
A taxation of fees under this section is to be reviewed in the same manner as a taxation of costs.
(4)
The arbitrator is entitled to appear and be heard on any taxation or review of taxation under this section.
(5)
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 40 or under any agreement relating to the payment of fees and expenses of the arbitrators.
(6)
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.
(7)
This section applies to any arbitral or other institution 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 is to be construed as including the fees and expenses of that institution or person.
(8)
The leave of the appellate court is required for any appeal from a decision of the Court under this section.