| 87. | When issuing Decision Notices under Rules 17 and 24, Executive Counsel and the Enforcement Committee as applicable shall propose an amount payable in respect of Executive Counsel's costs of the matter. |
| 88. | A Party may serve on the other Party and the Secretariat a schedule of costs or expenses relating to or connected with a Hearing no less than 24 hours before the date of that Hearing. |
| 89. | After announcing the Tribunal's or Appeal Tribunal's decision the Chair may invite representations as to whether costs or expenses should be assessed against either Party. |
| 90. | After hearing representations from the Parties, the Tribunal or Appeal Tribunal may order a Party to pay all or part of the costs or expenses incurred by the other Party by a specified date. |
| 91. | The Tribunal or Appeal Tribunal shall have regard to the following when assessing whether a Party should be liable for the costs or expenses of the other Party: |
| (a) | the Parties' ability to pay; |
| (b) | the Tribunal's decision on the facts and, if appropriate, the Sanction or the Appeal Tribunal's decision on the Appeal; |
| (c) | is it fair and equitable in the circumstances. |
| 92. | The Tribunal or Appeal Tribunal shall not award costs to the Respondent unless it finds that it was unreasonable to have pursued all or a substantial part of the case. |
| 93. | Where the Tribunal orders a Party to pay the costs or expenses of the other Party, the Chair may |
| (a) | summarily assess the costs of award; |
| (b) | request the Parties to agree; |
| (c) | order that the award should be assessed by an appropriate person appointed by the Secretariat. |
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