Law library · Sierra Leone · The Arbitration Act, 2022
Section 76, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) An arbitral tribunal or arbitration institution may refuseto deliver an award to the parties except upon full payment of the fees
and expenses of the arbitrators or the arbitral institution.
(2) In the event that the fees and expenses of the
arbitrators or the arbitral institution have not been agreed and the
arbitral tribunal or arbitral institution refuses on that ground to deliver
an award, a party to the arbitral proceedings may, upon notice to the
other parties, the tribunal or the arbitral institution, apply to the Court,
which may order that -
(a) the arbitral tribunal or arbitral institution shall
deliver the award on the payment into Court
by the applicant of the fees and expenses
demanded or such lesser amount as the Court
may specify;
(b) the amount of the fees and expenses properly
payable shall be determined by such means
and upon such terms as the Court may direct;
(c) out of the money paid into Court there shall
be paid out such fees and expenses as may
be found to be properly payable and the
balance of the money shall be paid out to
the applicant.
(3) The amount of fees and expenses properly payable
is the amount the applicant is liable to pay or an agreement relating to
the payment of the arbitrators.
Joint and
several
liabilities for
arbitrator's
fees and
expenses.
Lien on award.
assessing potential conflicts of interest or determining extent to which
the funder may cover (or not) an adverse costs order.
(6) Where a notice is received under subsection (2), the
arbitrators shall conduct a conflict check, to ascertain any information
that may raise justifiable doubt as to their independence and
impartiality.
PART XVI - ADDITIONAL PROVISIONS RELATING TO
INTERNATIONAL COMMERCIAL ARBITRATION
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