(9) A person is not required to produce in arbitral proceedings any document or other evidence that the person could not be required to produce in civil proceedings before a court.
57. Arbitral tribunal may limit amount of recoverable costs
(1) Unless otherwise agreed by the parties, an arbitral tribunal may direct that the recoverable costs of arbitral proceedings before it are limited to a specified amount.
(2) Subject to subsection (3), the arbitral tribunal may make or vary a direction either—
- (a) on its own initiative; or
- (b) on the application of any party.
(3) A direction may be made or varied at any stage of the arbitral proceedings but, for the limit of the recoverable costs to be taken into account, this must be done sufficiently in advance of—
- (a) the incurring of the costs to which the direction or the variation relates; or
- (b) the taking of the steps in the arbitral proceedings which may be affected by the direction or the variation.
(4) In this section—
- (a) a reference to costs is to be construed as the parties’ own costs; and
- (b) a reference to arbitral proceedings includes any part of those arbitral proceedings.
58. Power to extend time for arbitral proceedings
(1) This section applies to an arbitration agreement that provides for a claim to be barred or for a claimant’s right to be extinguished unless the claimant, before the time or within the period specified in the agreement, takes a step—
- (a) to commence arbitral proceedings; or
- (b) to commence any other dispute resolution procedure that must be exhausted before arbitral proceedings may be commenced.
(2) On the application of any party to such an arbitration agreement, an arbitral tribunal may make an order extending the time or period referred to in subsection (1).
(3) An application may be made only after a claim has arisen and after exhausting any available arbitral procedures for obtaining an extension of time.
