Arbitral Tribunal Orders Respondents to Pay Advance on Costs
Gabrielle Nater-Bass and Melissa Magliana of Homburger’s Litigation / Arbitration practice team recently obtained a Partial Award ordering Respondents who refused to pay their share of the advance on costs in an ICC arbitration to make immediate payment to the ICC. In a construction dispute revolving around the parties’ respective financing obligations, Respondents informed the ICC at the outset of the proceedings that they did not intend to pay their share of the advance on costs, causing the ICC to ask Claimant to substitute on Respondents’ behalf. Claimant, represented by Homburger sought a Partial Award from the arbitral tribunal, arguing that Respondents had a contractual obligation to pay their share of the cost advance and that Claimant was entitled to specific performance of that obligation under Swiss law. The Arbitral Tribunal unanimously confirmed Claimant’s position, granting Claimant the relief sought and ordering Respondents to pay their share of the cost advance.