Special Courts Flashcards
Statute/Section: Arbitration costs are in 3 categories: (a) Arbitrator fees/expenses, (b) Costs of Arbitral Institution, (c) Costs of the Parties; (including costs of or incidental to proceedings to determine recoverable costs)
Section 59 of Arbitration Act 1996
Statute/Section: An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event is only valid if made after the dispute in question has arisen.
Section 60 of Arbitration Act 1996
Statute/Section: Arbitrator can allocate costs of arbitration between the parties; unless agreed otherwise costs will follow the event
Section 61 of Arbitration Act 1996
Statute/Section: Any award in respect of costs extends only to such costs as are reasonable and recoverable
Section 62 of Arbitration Act 1996
Statute/Section: Parties may agree what costs of arbitration are recoverable, if not agreed Tribunal may determine costs as it thinks fit, any party may apply to Court
Section 63 of Arbitration Act 1996
Statute/Section: Reasonable fees and expenses of the Arbitrator may be agreed by the parties/arbitrator, may apply to the Court for determination
Section 64 of Arbitration Act 1996
Statute/Section: Tribunal may limit recoverable costs of the arbitration
Section 65 of the Arbitration Act 1996
Case: If judge finds award is legally invalid, may refuse leave to enforce it
Re Stone v Hastie 1903
Case: If an arbitration award is made and not challenged in Court in a timely fashion, it should be entered as a judgement and given effect accordingly
Middlemiss v Hartlepool Corporation 1972
General rule: To be enforceable, an Arbitrators Order for costs must…. (3 items)
(a) Be contained in an award dealing with substantive issues or in one or more awards dealing with costs (b) Be for a quantified sum, and (c) Must comply with Section 66 of the Arbitration Act 1996
Statute/Section: May challenge that the tribunal lacks substantive jurisdiction
Section 67 of the Arbitration Act 1996
Statute/Section: May challenge if serious irregularities (failing to follow agreed procedure, exceeding powers, ambiguity of award effect)
Section 68 of the Arbitration Act 1996
Statute/Section: May appeal on a point of law (requires agreement of all parties or leave of the Court)
Section 69 of the Arbitration Act 1996
Statute/Section: Court can order Security for Costs and payment of full amount before allowing appeal
Section 70 of the Arbitration Act 1996
Case: If substantive award overturned, costs award ceases to have effect
Martin v Harris 2019
General rule: Name two First Tier Tribunals which cannot make Costs Orders
(a) Social Entitlement Chamber, (b) War Pensions and Armed Forces Compensation Chamber
Statute/Section: Costs are at the discretion of the Tribunal, full power to determine by whom and to what extent costs are paid, subject to Tribunal Procedure Rules
Section 29 of Tribunals Courts and Enforcement Act 2007
General Rule: Upper Tribunal may make a costs order __________________, limited by ________________
Upon appeal from another tribunal, limited to the tribunal’s own powers (per their Tribunal Procedure Rules of 2008)
Statute/Section: Tribunals can make a wasted costs order, wasted costs defined as a result of improper, unreasonable or negligent acts
Section 29 of Tribunals and Court Enforcement Act 2007
Case: Wasted Costs are discretionary for unjustifiable conduct
Harley v McDonald 2001
Case: Mere mistakes do not justify wasted costs
Ridehalgh v Horsefield 1994
Case: Wasted Costs Orders not to be used as a threat
Orchard v SE Electricity 1987
Case: A party must be alerted to the possibility of a Wasted Costs Order and given appropriate time to respond
Cancino 2015
Case: Wasted costs requires a causal link between conduct and the costs incurred
Awuah and others 2017
