Section 78

Costs.

The Arbitration and Conciliation Act, 1996

  • Act 26 of 1996
  • Ministry of Law and Justice
  • Department of Legal Affairs
About this Act

An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

All sections
    (1) Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties.
     (2) For the purpose of sub-section (1), "costs" means reasonable costs relating to—
         (a) the fee and expenses of the conciliator and witnesses requested by the conciliator with the consent of the parties;
         (b) any expert advice requested by the conciliator with the consent of the parties;
         (c) any assistance provided pursuant to clause (b) of sub-section (2) of section 64 and section 68.
         (d) any other expenses incurred in connection with the conciliation proceedings and the settlement agreement.
     (3) The costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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