Arbitration and Conciliation Act Section 78 — Costs
CHAPTER II
Civil
Summary
Sub-section (1) states that once the conciliation proceedings come to an end, the conciliator must decide the costs of the conciliation and inform the parties about them in writing.
Sub-section (2) defines what "costs" means for the purpose of sub-section (1). It covers reasonable costs related to the fee and expenses of the conciliator and any witnesses that the conciliator asked for with the parties' consent.
Under clause (b) of sub-section (2), costs also include any expert advice that the conciliator requested with the consent of the parties.
Under clause (c) of sub-section (2), costs include any assistance provided under clause (b) of sub-section (2) of section 64 and under section 68.
Under clause (d) of sub-section (2), costs include any other expenses that came up in connection with the conciliation proceedings and the settlement agreement.
Sub-section (3) says that the costs of the conciliation are to be shared equally by the parties, unless the settlement agreement says they should be divided differently. Any other expenses that a party incurs on its own are to be paid by that party alone.
Official Text
(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.