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CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

A tribunal in a dispute between Nair Exports and Desai Foods refuses to deliver its award until Nair Exports pays the fees the tribunal demands. The fees were not fixed by any written agreement between Nair Exports and the tribunal. What can Nair Exports do?

Nair Exports may apply to the Court. The Court can order the award delivered on payment of the demanded costs into Court, pay the tribunal a reasonable amount, and refund the balance, since the fees were not fixed by written agreement.

  1. ANothing, because the tribunal's lien is absolute
  2. BApply to the Court, which may order delivery on payment of the demanded costs into Court, and then pay the tribunal a reasonable sum with the balance refundedCorrect
  3. CDeliver the award itself after obtaining it from Desai Foods
  4. DApply to the Court to have the lien declared void without paying anything

Explanation

Section 39(1) gives the tribunal a lien for unpaid costs, but under section 39(2) the Court may, on application, order delivery on payment of the demanded costs into Court, then pay the tribunal a reasonable sum and refund the balance. Section 39(3) allows any party to apply unless the fees were fixed by written agreement, which is not the case here.

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