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SCC Case 113/2007 - Chapter 16 - SCC Arbitral Awards: 2004-2009

Author(s): 
Christer Söderlund
Page Count: 
10 pages
Media Description: 
PDF from "SCC Arbitral Awards: 2004-2009"
Published: 
January, 2011
Jurisdictions: 
Belgium,
Cyprus,
Sweden,
International
Practice Areas: 
Arbitral Awards,
Payment of Money, Foreign Currency,
Costs and Damages,
Apportioning of Costs,
Parties,
Responsibility of Parties
Author Detail: 

Christer Söderlund, Partner at Vinge law office, Stockholm and member of the SCC Board (2007 – 2009)

PDF119.9 KB

$40.00
Description: 

Originally from SCC Arbitral Awards 2004-2009

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XVI. 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.

Table of Contents: 

XVI. SCC CASE 113/2007
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.
Observations by Christer Söderlund