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2001年南非仲裁基金会商事仲裁规则(46)
www.110.com 2010-07-21 16:36

19.4 19.4.1 If the tender is accepted in terms of 19.3, the party accepting the tender shall be entitled to disclose the tender and the acceptance thereof to the arbitrator and, upon notice to the party who made the tender and all other parties, apply to the arbitrator for an award in terms of the accepted tender. To the extent that the tender does not extend to costs of the arbitration, the party applying for an award in terms of the accepted tender may, if the terms of the tender did not preclude it, apply to the arbitrator also for a costs award.

19.4.2 The arbitrator shall, upon notification of an application for an award in terms of 19.3, make an award in terms of the accepted tender, and, if the accepted tender does not cover the issue of costs, hear the parties on the issue of costs and thereafter make such award as to costs as he deems just.

19.5 If the tender is not accepted in terms of 19.3, the fact of the tender and of its non-acceptance shall not be brought to the knowledge of the arbitrator until he has made his award on all issues in dispute in the arbitration, other than costs, whereafter those facts may be made known to the arbitrator and shall then be taken into account by him in making an award as to costs; provided that, if the arbitrator has made an award as to costs before acquiring knowledge of the tender and its non-acceptance, the party who made the tender shall be entitled to have the costs award reconsidered and, if the arbitrator deems it just, varied by the arbitrator in the light of the facts of the tender and non-acceptance thereof brought to his knowledge.

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