Topic: Costs

Rising counsel fees and a lack of predictability in arbitrators’ approach to costs are making it economically unviable to finance certain cases, Burford Capital CEO Christopher Bogart has told delegates at GAR Live Dubai.

14 November 2024

The Court of Appeal in London has dismissed an appeal of a costs order issued after an US$11 billion award against Nigeria was overturned, revealing that the state spent £43 million on legal fees in the dispute. 

17 July 2024

The Dubai Court of Cassation has annulled the findings of an ICC award that ordered a party to pay the other’s legal costs – one of a trio of recent rulings that have led practitioners to question the emirate’s credentials as an arbitration-friendly jurisdiction.

19 March 2024

Romania has asked an ICSID tribunal to dismiss a Canadian mining group’s “staggering” request to recover almost US$64 million plus interest in costs stemming from its long-running US$4.4 billion treaty claim.

12 May 2023

A Canadian bank has brought an ICSID claim against Peru over a nearly 15-year long tax dispute, as a contractor turns to new counsel to challenge an award in a separate dispute with the Andean state. 

25 November 2022

A Brazilian court has upheld an ICC award in an acrimonious dispute over the multibillion-dollar sale of a pulp producer, dismissing allegations the procedure was tainted by a cyberattack and a conflict of interests and awarding US$114 million in legal fees to the winning side.

04 August 2022

A costs award issued by an LCIA tribunal in favour of two Chinese companies has been upheld after a court in the British Virgin Islands ruled that the Chinese tax authorities had no interest in the award. 

06 July 2022

A US court has enforced an ICSID award requiring a Florida telecoms company to pay nearly US$6 million in costs plus interest to Uruguay following an unsuccessful treaty claim that was backed by a third-party funder.

24 June 2022

Maguelonne de Brugiere, Helin Laufer and Luke Hard report on a Herbert Smith Freehills case study of the difference in the carbon footprint and costs of in-person and virtual hearings in international arbitrations, unsurprisingly finding that virtual hearings are significantly less carbon-intensive and cheaper.

12 April 2022

The Hong Kong International Arbitration Centre has revealed that, in the past eight years, the average arbitration at the centre has lasted 13 months, from date of commencement to date of the award or decision, and cost US$64,606. 

29 June 2021