SEPARATE ARBITRAL AWARD IN SCC ARBITRATION V (113/2007) First Award on Advance on Costs under the new SCC Rules
Subject Matters: Separate award on costs – Claimant had paid the full Advance on Costs and requested the arbitrator to issue a separate award ordering the Respondent to reimburse the Claimant for its share.
Findings: Sole arbitrator found that the 2007 version of the SCC Rules authorizes a tribunal to render a separate award ordering a party that has failed to pay its part of the deposit to reimburse the other party paying on its behalf. In consequence the tribunal ordered the Respondent to pay to the Claimant its share of the Advance on Costs. Tribunal identified exceptions to this general rule.
Claimant: Company A (Belgium)
Respondent: Company B (Cyprus)
Sole arbitrator : Bo GH Nilsson (Sweden)
Place of Arbitration: Stockholm, Sweden
Applicable Law, Procedure: The Swedish Arbitration Act
Applicable Law, Merits: Swedish substantive law
Applicable Arbitration Rules: SCC Arbitration Rules of 2007