Page:Arbitration Ordinance (Cap. 609).pdf/56

ARBITRATION ORDINANCE :(b) unless otherwise agreed by the parties, may allow costs incurred in the preparation of the arbitral proceedings prior to the commencement of the arbitration.

(8) A provision of an arbitration agreement to the effect that the parties, or any of the parties, must pay their own costs in respect of arbitral proceedings arising under the agreement is void.

(9) A provision referred to in subsection (8) is not void if it is part of an agreement to submit to arbitration a dispute that had arisen before the agreement was made.

75. Taxation of costs of arbitral proceedings (other than fees and expenses of arbitral tribunal)

(1) Without affecting section 74(1) and (2), if the parties have agreed that the costs of arbitral proceedings are to be taxed by the court, then unless the arbitral tribunal otherwise directs in an award, the award is deemed to have included the tribunal’s directions that the costs (other than the fees and expenses of the tribunal) are—
 * (a) to be taxed by the court; and
 * (b) to be paid on any basis on which the court can award costs in civil proceedings before the court.

(2) On taxation by the court, the arbitral tribunal must make an additional award of costs reflecting the result of such taxation.

(3) A decision of the court on taxation is not subject to appeal.

(4) This section does not apply to costs ordered to be paid under section 74(3).

76. Costs in respect of unqualified person

Section 50 (No costs for unqualified person) of the Legal Practitioners Ordinance (Cap. 159) does not apply to the recovery of costs in an arbitration.

77. Determination of arbitral tribunal’s fees and expenses in case of dispute

(1) An arbitral tribunal may refuse to deliver an award to the parties unless full payment of the fees and expenses of the tribunal is made.

(2) If the arbitral tribunal refuses to deliver an award to the parties under subsection (1), a party may apply to the Court, which—