Code of Arbitration

SECTION 12. ARBITRATION COSTS.

[Effective dates of amendments: June 28, 1985; November 9, 1988; July 12, 1989; February 18, 1992; May 1, 1994 and March 12, 1996.]

Costs which may be included in an award shall normally be limited to the costs of any transcript which a party may request (See Section 9(d)(4)). A Panel may, however, assess against a party any one or more of the following other costs, upon a finding that such party's claim or defense was frivolous or was made in bad faith, or that the party engaged in willful acts of bad faith during the arbitration: Reasonable and necessary expenses incurred by (a) the arbitrators or (b) any other party or witness, including reasonable attorneys' fees. The Panel may also award attorneys' fees provided that a statutory or contractual basis exists for awarding such fees. Requests for attorneys' fees and costs incurred in the arbitration proceeding must be raised in the proceeding or they are waived.