Costs

Question 1

Who takes up most costs

Answer 1

Parties
85%
on:
Legal fees
Experts/translators
Travels/hearing rooms

Question 2

Tribunal

Answer 2

15%
Admin secretary- when applicable
Travel/incidentals
Arbitrator renumeration

Question 3

Instiution

Answer 3

2-3%
Admin charges

Question 4

How does ICC go about their costs?

Answer 4

5k non refundable deposit for each claimant
Provisional advance having regard to the amount in dispute
Interim costs may be requested after ToA
Total advance
Costs subject to change
Get any outstanding balance back once the costs have been determined

Question 5

How does ICDR go about their costs?

Answer 5

Filing fee- amount in dispute in regard
final fee, can be paid in 2 installments
Based on hourly rate

Question 6

2 types of methods for costs

Answer 6

Ad velorem
Scale within tarrif

Hourly rate

Question 7

Who uses ad velorem?

Answer 7

SIAC
ICC

Question 8

WHo uses hourly

Answer 8

LIAC
ICDR
Ad hoc

Question 9

ICC article 38

Answer 9

Tribunal can take into account circumstances when determining the costs as well as how cost efficient and timely a party was

Question 10

ICDR article 37

Answer 10

The costs will be put in with the award.
Tribunal can allocate costs that it sees reasonable, taking in the circumstances of the case

Question 11

What are sealed offers

Answer 11

Negotiated settlement not disclosed to the coourts and kept with a third party

Question 12

What rule and why?

Answer 12

Rule 49: Courts cannot be told of the offer or any negotiated settlement
To prevent any risk of prejudice

Question 13

Which is better, the offer or the court?

Answer 13

If the final judgment is more than settlement, claimant gets more money
If final judgement is lower than settlement, may ot be able to cover tje loss

Question 14

What are the benefits and drawbacks of settlement

Answer 14

Its becoming more and more used
Allows parties to show their expectarions

Issue: No court oversight

It must be delivered before or at the award cuz if not; it won’t be able to guarantee enforcement unless the tribunal is dissolved.

Question 15

Methods of quantifying

Answer 15

Submission of parties
In favour of prevailing party
Reasonablenss
On a case by case/issue by issue basis

Question 16

Sanctions

Answer 16

Courts can impose sanctions on parties that are trying to interfere or cause undue delay

Issue: Could bring up an argument that arbitratior is being biased

Question 17

Secutiry of costs

Answer 17

From bank or escrow
Interim relief for security of costs if claim fails

Inerime relief for security of claim if it suceeds- less common

Question 18

What is considered

Answer 18

Whether the party unable to pay eventual cost award
Whether its proportional and not unduely burdensome
Whethere its sufficiently urrgent.