Section 6 Power to award costs despite no substantive jurisdictionI1I2

Section 61 of the Arbitration Act 1996 (award of costs) is amended as follows.

In subsection (1), omit “, subject to any agreement of the parties”.

After subsection (1) insert—

“(1A)

It is irrelevant for the purposes of subsection (1) whether the tribunal has ruled, or a court has held, that the tribunal has no substantive jurisdiction or has exceeded its substantive jurisdiction.”

In subsection (2), omit “Unless the parties otherwise agree,”.

After subsection (2) insert—

“(3)

Subsections (1), (1A) and (2) are subject to any agreement of the parties.”