HKLII Hong Kong Regulations

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SECURITIES AND FUTURES (LEVERAGED FOREIGN EXCHANGE TRADING) (ARBITRATION) RULES - SECT 31

Costs

(1) The arbitrator shall make an order for costs whenever he makes an
arbitration award, including an award on agreed terms, and an order for the
termination of the arbitration proceedings.

(2) Subject to subsection (3), the costs of an arbitration are to be borne by
the unsuccessful party.

(3) The arbitrator may apportion costs between the parties if he considers
that apportionment is reasonable in the circumstances.

(4) The order for costs shall specify-

   (a)  the sum to be paid, which shall include-

        (i)    the amount of fees of the arbitrator;

        (ii)   costs for legal advice or for other assistance such as
               translation, oral interpretation and note-taking required by
               the arbitrator;

        (iii)  travel and other expenses of witnesses to the extent allowed by
               the arbitrator;

        (iv)   costs of the successful party, including the costs for legal
               representation, to the extent allowed by the arbitrator; and

        (v)    the amount of administrative or other costs incurred by the
               arbitrator and the arbitration panel;

   (b)  the parties to and by whom payment shall be made; and

   (c)  the time limit for making payment.

(5) A party against whom such an order is made shall make payment in
accordance with the order.



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