ARBITRAL TRIBUNALS CONTROL OF ARBITRATION COSTS IN INTERNATIONAL COMMERCIAL ARBITRATION

Mgbemena Ephraim Nwajiobi

Abstract


The Arbitrators/Arbitral Tribunals were made to be responsible for the costs management of arbitration cases/costs, also were given powers to help the parties in this direction. Arbitration Agreement Costs and the costs of proceedings, which consist of:-

  1. 1.       Arbitrations fees,
  2. 2.       Arbitrations expenses,
  3. 3.       Compensation and imbursements expenses to the Secretary of the arbitration tribunal, experts, recording or steno typists, hiring rooms and other necessary costs,
  4. 4.       Administrative dues and expenses,
  5. 5.       Parties counsel fees.

The Arbitrators/Arbitral Tribunals are so empowered to limit costs, forms and precedents, Arbitrators’ fees, taxation costs and security for costs, which is suitable for professional arbitration lawyers for the new and lay arbitrators. The New York Convention, Model Law, 1985 and the English Arbitration Act, 1996, helped to stimulate this area of the law which were enacted variously on the Costs in International Commercial Arbitration and in Domestics Arbitrations.


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References


Orojo & Ojomo, Law and practice of Arbitration and Conciliation in Nigeria A.O. Rhodes-Vivour (Mrs.) “Security for the Respondent’s cost of arbitral

proceedings with particular reference to the Arbitration and Conciliation Act (AMA) Cap 19, 1990 Laws of Nigeria published in the News journal of chartered Institute of Arbitrators Nigerian Branch Vol. 2 No. 1 January, 2005.

Bello Adesina Temitayo “Cost follows the event of Arbitration, its paradigm and reference Journal of research and Development Vol. 2 No. 1 Vol. 4.

David W. RL Kin, Semantha “The Role of the Tribunal in Controlling Arbitral Cost (2015)

Michigan Journal of International Law Vol. 21 No. 1

Duarte Hermgues in Expert Post Tagged Arbitration, Arbitration Costs, Benefits of Arbitration, fixed Fees.

Arbitration and Conciliation Act Cap 19 1990 Laws of Nigeria

Article 38- 41 Arbitration rules

Section 49 AMA

Article 31 of the International Chamber of Commerce (ICC) rules of Arbitration

Article 17 UNCITRAL Rules

Article 22 ICC Rules

Article 24 ICC rules

Article38, 40 ICC Rules

Article 14 LCIA

Ladega v. Akiyili

http:www.sweet and Maxwell.co.uk

nji.gov.ng/p-content /uploads/2020/11/awards-of - cost -in- arbitration pdf accessed 07/09/2023


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