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.

 

Parties:

Claimant: Company A (Belgium)

Respondent: Company B (Cyprus)

 

Arbitral Tribunal:

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