The Award of Costs and Interest on Costs: a Case Note - Amoco (UK) Exploration Company v British American Offshore Limited
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
S.63(3) empowers an arbitral tribunal to award recoverable costs on such basis as it thinks fit and, if it does so, it must specify the basis on which it has acted. It is unlikely in practice that a tribunal will award 100% of a successful party's costs without any moderation or deduction; if it does moderate, such must be made on some basis and cannot be arbitrary, random or otherwise. One basis which at least provides a reference framework for consideration is that of the CPR which distinguishes between standard and indemnity costs (reflecting the pre-CPR ...