Section 31A(3) in The Arbitration And Conciliation Act, 1996
(3)In determining the costs, the Court or arbitral tribunal shall have regard to all the circumstances, including-(a)the conduct of all the parties;(b)whether a party has succeeded partly in the case;(c)whether the party had made a frivolous counter claim leading to delay in the disposal of the arbitral proceedings; and(d)whether any reasonable offer to settle the dispute is made by a party and refused by the other party.