In arbitration, the tribunal has the right to ensure its fees and expenses are paid before releasing the final decision. Section 38 (Deposits) and Section 39 (Lien on arbitral award and deposits as to costs) of the Arbitration and Conciliation Act, 1996.
Lien on Award: If the parties fail to pay the costs of the arbitration, the arbitral tribunal may refuse to deliver the award. It effectively holds a "possessory lien" over the signed award until the dues are cleared.
Deposits as to Costs: The tribunal may fix an amount as a deposit for the costs it expects to incur. This is often payable in equal shares by the parties.
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