- Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agreement, where an arbitrator or an arbitral tribunal has stated the amount of costs of the arbitration in the arbitral award, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.
- If in any case an arbitral tribunal refuses to deliver its award except on payment of its fees and the costs demanded by it, the Court may, on an application in this behalf, order that the arbitral tribunal shall deliver the award to the applicant on payment into Court by the applicant of the fees and costs demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into Court there shall be paid to the arbitral tribunal by way of fees and costs such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant.
- An application under sub-section (2) may be made by any party unless the fees demanded have been fixed by written agreement between him and the arbitral tribunal, in which event no application shall be entertained for fixing the fees at a sum less than such fixed amount.
- Nothing in the section shall apply to international commercial arbitration.
Chapter VIII — Part I — Miscellaneous (Sections 38–43)
Section 39
Lien on arbitral award and deposits as to costs
Printed from Law on Tips • Arbitration and Conciliation Act, 1996