Recent Developments regarding Costs in Litigation and Consideration of their Applicability In Arbitration
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
Prior to the implementation of the Arbitration Act 1996, arbitration practices, including those applicable to costs, substantially tracked litigation practices and court procedures. The Act sought to replace such practices and procedures with clear and straightforward statutory provisions; however, some aspects of litigation practices still persist, particularly in respect of costs. This article considers the significant judgement of HHJ Thornton QC in Fencegate, where he held that neither CPR nor case law related to judicial award of costs were normally applicable ...