(8) An arbitrator is entitled to appear and be heard on any determination under this section.
(9) If the amount of the fees and expenses determined under subsection (2)(b) is different from the amount previously awarded by the arbitral tribunal, the tribunal must amend the previous award to reflect the result of the determination.
(10) An order of the Court under this section is not subject to appeal.
78. Liability to pay fees and expenses of arbitral tribunal
(1) The parties to proceedings before an arbitral tribunal are jointly and severally liable to pay to the tribunal reasonable fees and expenses, if any, of the tribunal that are appropriate in the circumstances.
(2) Subsection (1) has effect subject to any order of the Court made under section 62 or any other relevant provision of this Ordinance.
(3) This section does not affect—
- (a) the liability of the parties as among themselves to pay the costs of the arbitral proceedings; or
- (b) any contractual right or obligation relating to payment of the fees and expenses of the arbitral tribunal.
(4) In this section, a reference to an arbitral tribunal includes—
- (a) a member of the tribunal who has ceased to act; and
- (b) an umpire who has not yet replaced members of the tribunal.
79. Arbitral tribunal may award interest
(1) Unless otherwise agreed by the parties, an arbitral tribunal may, in the arbitral proceedings before it, award simple or compound interest from the dates, at the rates, and with the rests that the tribunal considers appropriate, subject to section 80, for any period ending not later than the date of payment—
- (a) on money awarded by the tribunal in the arbitral proceedings;
- (b) on money claimed in, and outstanding at the commencement of, the arbitral proceedings but paid before the award is made; or
- (c) on costs awarded or ordered by the tribunal in the arbitral proceedings.
(2) Subsection (1) does not affect any other power of an arbitral tribunal to award interest.
(3) A reference in subsection (1)(a) to money awarded by the tribunal includes an amount payable in consequence of a declaratory award by the tribunal.
