Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 61 – Recoverable arbitration expenses Default
213.Rule 61 provides that the arbitrator’s fees and expenses and the tribunal’s expenses in conducting the arbitration are recoverable. It provides that the amount of the parties’ legal and other expenses (see rule 59) which are recoverable, as opposed to the arbitrator’s fees and expenses (dealt with in rule 60), will be determined by the tribunal or the Auditor and, unless they decide otherwise, this will be on the basis of a reasonable amount for reasonably incurred expenses. Any doubt when determining the amount of other expenses recoverable must be resolved in favour of the person liable to pay them.
214.Rule 61 applies in the same way to the fees and expenses of any umpire as it does to those of an arbitrator (rule 82).