39. Costs of arbitration

Any costs directed by an award to be paid are, unless the award otherwise directs, to be assessed by the Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act 1969.

Subject to subsection (3), any provision in an arbitration agreement to the effect that the parties or any party must in any event pay their or his, her or its own costs of the reference or award or any part thereof is void; and this Act, in the case of an arbitration agreement containing any such provision, has effect as if there were no such provision.

Subsection (2) does not apply where a provision in an arbitration agreement to the effect that the parties or any party must in any event pay their or his, her or its own costs is part of an agreement to submit to arbitration a dispute which has arisen before the making of such agreement.

If no provision is made by an award with respect to the costs of the reference, any party to the reference may, within 14 days of the delivery of the award or any further time that the arbitral tribunal may allow, apply to the arbitral tribunal for an order directing by and to whom such costs must be paid.

The arbitral tribunal must, after giving the parties a reasonable opportunity to be heard, amend its award by adding to the award any directions that it thinks fit with respect to the payment of the costs of the reference.