Section 54 Arbitration and Mediation Act

Section 54 Arbitration and Mediation Act 2023 is about Lien on the award. It is under Part I (Arbitration) of the Act.

(1) The arbitral tribunal or arbitration institution may refuse to deliver an award to the parties except on full payment of the fees and expenses of the arbitrators or the arbitral institution.

(2) Where the fees and expenses of the arbitrators or the arbitral institution have not been agreed, and the arbitral tribunal or arbitral institution refuses on that ground to deliver an award, a party to the arbitral proceedings may, upon notice to the other parties, the tribunal and, where applicable, the arbitral institution, apply to the Court, which may order that-

(a) the arbitral tribunal or arbitral institution shall deliver the award where the applicant pays the fees and expenses demanded into Court, or pays such lesser amount as the Court may specify;
(b) the amount of the fees and expenses properly payable shall be determined by the means and upon the terms as the Court may direct; and

(c) out of the money paid into Court there shall be paid out the fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.

(3) For this purpose, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 53 of this Act or any agreement relating to the payment of the arbitrators.

(4) No application to the Court may be made unless every available arbitral process for appeal or review of the amount of the fees or expenses demanded has been exhausted.

(5) References in this section to arbitrators include an arbitrator who has ceased to act.

(6) The leave of the Court is required for any appeal from a decision of the Court under this section.

(7) Nothing in this section shall be construed as excluding an application under section 55 of this Act, where payment has been made to the arbitrators in order to obtain the award.