FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
47.1 The costs of the arbitration shall be fixed in the final award or, if the arbitration is terminated before the rendering of a final award, in a consent award or in an order for the termination of the arbitration.
47.2 The costs of the arbitration include:
(a) the fee of the sole arbitrator;
(b) the travel and other expenses incurred by the sole arbitrator;
(c) the costs of expert advice and of other assistance required by the sole arbitrator;
(d) the Administrative Fee and expenses of the Institute; and
(e) the legal and other costs incurred by the parties in relation to the arbitration, if such costs have been claimed and to the extent that the sole arbitrator considers that the amount of such costs is reasonable.
47.3 Before rendering the final award, consent award or order for the termination of the arbitration, the sole arbitrator shall request that the Institute determine the costs referred to in Article 47.2(a)–(d) in accordance with Appendix II. The sole arbitrator shall include in the final award, consent award or order for the termination of the arbitration the costs of the arbitration as finally determined by the Institute and specify the individual fee and expenses payable to the sole arbitrator and the Institute.
47.4 Unless otherwise agreed by the parties, the costs of the arbitration shall in principle be borne by the unsuccessful party. However, the sole arbitrator may allocate any of the costs of the arbitration between the parties in such manner as it considers appropriate having regard to the circumstances of the case. The sole arbitrator may order the payment of any amount that a party may have to compensate to another party as a result of the sole arbitrator’s decision on the allocation of costs. If the sole arbitrator determines that a party has failed to comply with its duties under Articles 25.3 and 25.4, the sole arbitrator may, in addition to any other measures available under the Rules or otherwise, take such failure into account in its allocation of the costs of the arbitration.
47.5 Irrespective of any allocation of the costs of the arbitration between the parties, all parties remain jointly and severally liable for the payment of the Institute’s Administrative Fee and expenses towards the Institute.
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