Comparative Guides
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Results: 4 Answers
International Arbitration
10.
Costs
10.1
How will the tribunal approach the issue of costs?
 
Montenegro
The Arbitration Act states only that an arbitrator has the right to reimbursement of fees and expenses for work performed, unless he or she has waived those rights expressly in writing. It also prescribes that the parties are jointly and severally liable for the payment of such fees and expenses.

The arbitrators’ decision on fees and expenses are not binding on the parties if they do not accept it. Where the parties do not accept the amount of the arbitrators’ fees and expenses, the arbitral institution or the appointing authority shall decide the matter, on the request of an arbitrator or a party. The resulting decision of the arbitral institution or the appointing authority is an enforcement title (Article 14).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
10.2
Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?
 
Montenegro
The Arbitration Act contains no explicit limitations in this regard.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law