(2) Amounts referred to in sections (i) through (iii) above shall be finally fixed by the SCC Institute in accordance with the Regulations for Arbitration Costs in force at the time of the commencement of the arbitration. The amounts in section (iv) shall be finally fixed by the Arbitral Tribunal.

Article 40 Payment of Arbitration Costs

(1) The parties are jointly and severally liable for all payments of all costs mentioned in Article 39.

(2) The Arbitral Tribunal decides on the apportionment of the arbitration costs as between the parties with regard to the outcome of the case and other circumstances.

Article 41 Costs Incurred by a Party

Unless the parties have agreed otherwise, the Arbitral Tribunal may, at the request of a party, in an Award or other order by which the arbitral proceedings are terminated, order the losing party to compensate the other party for legal representation and other expenses for presenting its case.