Page:Arbitration Act 2001.pdf/25

Rh Form and contents of award

38.—(1) The award shall be made in writing and shall be signed—
 * (a) in the case of a single arbitrator, by the arbitrator himself; or
 * (b) in the case of 2 or more arbitrators, by all the arbitrators or the majority of the arbitrators provided that the reason for any omitted signature of any arbitrator is stated.

(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no grounds are to be stated or the award is an award on agreed terms under section 37.

(3) The date of the award and place of arbitration shall be stated in the award.

(4) The award shall be deemed to have been made at the place of arbitration.

(5) After the award is made, a copy of the award signed by the arbitrators in accordance with subsection (1) shall be delivered to each party.

Costs of arbitration

39.—(1) Any costs directed by an award to be paid shall, unless the award otherwise directs, be taxed by the Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act (Cap. 322).

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

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

(4) 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 such further time as the arbitral tribunal may