Rationale & Relevance
Section 35 of the Arbitration Act governs applications for setting aside arbitral awards in that, such applications MUST be made within three months after the aggrieved party has received the published arbitral award.
Receipt of an arbitral award by parties to an arbitral dispute occurs upon the parties receiving notification that the award has been published and is ready and NOT when either party actually goes to collect the award.
An Arbitral Tribunal is given discretion to award costs pursuant to Section 32(b) (1) of the Arbitration Act 1995. Rule 10(2) of the Arbitration Rules 1997 DOES NOT govern awarding of costs during arbitral proceedings. It only governs costs for applications that are filed in court which are in relation to the arbitral proceedings.