53 Costs
(2) The arbitral tribunal may award all or part of the costs of an
arbitration on a solicitor-and-client basis, a party-and-party basis or
any other basis but if it does not specify the basis, the costs shall be
determined on a party-and-party basis.
(3) The costs of an arbitration consist of the parties' legal
expenses, the fees and expenses of the arbitral tribunal and any
other expenses related to the arbitration.
(4) If the arbitral tribunal does not deal with costs in an award, a
party may, within 30 days after receiving the award, request that it
make a further award dealing with costs.
(5) In the absence of an award dealing with costs, each party is
responsible for that party's own legal expenses and for an equal
share of the fees and expenses of the arbitral tribunal and of any
other expenses related to the arbitration.
(6) If a party makes an offer, in writing, to another party to settle
the matter in dispute or part of it, the offer is not accepted and the
arbitral tribunal's award is no more favourable to the party to
which the offer was made than was the offer, the arbitral tribunal
may take that fact into account in awarding costs in respect of the
period from the making of the offer to the making of the award.
(7) The fact that an offer to settle has been made shall not be
communicated to the arbitral tribunal until it has made a final
determination of all aspects of the matters in dispute other than
costs.
1991 cA-43.1 s53