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Arbitration Act 1996

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Change 1

What to do with it
As published

64 Recoverable fees and expenses of arbitrators.

(1) Unless otherwise agreed by the parties, the recoverable costs of the arbitration shall include in respect of the fees and expenses of the arbitrators only such reasonable fees and expenses as are appropriate in the circumstances. (2) If there is any question as to what reasonable fees and expenses are appropriate in the circumstances, and the matter is not already before the court on an application under section 63(4), the court may on the application of any party (upon notice to the other parties)— (a) determine the matter, or (b) order that it be determined by such means and upon such terms as the court may specify. (3) Subsection (1) has effect subject to any order of the court under section 24(4) or 25(3) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator). (4) Nothing in this section affects any right of the arbitrator to payment of his fees and expenses.

Your change, as a redline

64 Recoverable fees and expenses of arbitrators.

(1) Unless otherwise agreed by the parties, the recoverable costs of the arbitration shall include in respect of the fees and expenses of the arbitrators only such reasonable fees and expenses as are appropriate in the circumstances. (2) If there is any question as to what reasonable fees and expenses are appropriate in the circumstances, and the matter is not already before the court on an application under section 63(4), the court may on the application of any party (upon notice to the other parties)— (a) determine the matter, or (b) order that it be determined by such means and upon such terms as the court may specify. (3) Subsection (1) has effect subject to any order of the court under section 24(4) or 25(3) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator). (4) Nothing in this section affects any right of the arbitrator to payment of his fees and expenses.

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