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Procedural Issues in International Investment Arbitration by Commission, Jeffery; Moloo, Rahim

Appendices, Appendix 9C Costs in UNCITRAL Arbitrations

From: Procedural Issues in International Investment Arbitration

Jeffery Commission, Rahim Moloo

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.  Subscriber: null; date: 28 January 2020

Appendix 9C  Costs in UNCITRAL Arbitrations

Case Name

Award

Claimant Fees (US$)

Respondent Fees (US$)

Arbitration Costs Advanced/ Paid (US$)

Allocation of Legal Costs

Allocation of Arbitration Costs

European Media Ventures SA v. The Czech Republic

28 January 2010

$2,276,719.46

$403,559.18

Claimant shall pay £400,000 in respect of representational costs

Claimant shall pay $55,945.55 in respect of tribunal fees

Merrill & Ring Forestry L.P. v. The Government of Canada

31 March 2010

$959,500.00

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Melvin J. Howard, Centurion Health Corp. & Howard Family Trust v. The Government of Canada

2 August 2010

$227,157.74

$37,905.45

Each party shall bear its own legal fees and expenses but Claimant to pay $4,564.27 for Respondent’s disbursements

Claimant to pay 100% of arbitration costs

Chemtura Corporation v. Government of Canada

3 August 2010

$1,294,640.00

$5,647,654.50

$688,219.00

Claimant shall pay 50% of Respondent’s legal fees

Claimant to pay 100% of arbitration costs

Nova Scotia Power Incorporated (Canada) v. República Bolivariana de Venezuela

30 August 2010

$2,152,966.00

$1,584,135.00

$268,729.00

Claimant to pay $850,179.00 towards Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Frontier Petroleum Services Ltd. v. The Czech Republic

12 November 2010

$1,537,459.63

$2,357,551.87

$569,539.16

Each party shall bear its own legal fees and expenses

Claimant to pay 100% of arbitration costs

Grand River Enterprises Six Nations, Ltd., et al. v. United States of America

12 January 2011

$3,917,376.57

$2,792,592.23

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Alps Finance and Trade AG v. The Slovak Republic

5 March 2011

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Sergei Paushok, CJSC Golden East Company and CJSC Vostokneftegaz Company v. The Government of Mongolia

28 April 2011

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Binder v. Czech Republic

15 July 2011

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Chevron Corporation (USA) and Texaco Petroleum Company (USA) v. The Republic of Ecuador, PCA Case No. 34877

31 August 2011

$12,390,265.87

$17,836,463.00

$2,585,196.70

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Vito G. Gallo v. The Government of Canada

15 September 2011

$900,000.00

Each party shall bear its own legal fees and expenses

Claimant to pay 100% of arbitration costs

Peter Franz Vocklinghaus v. Czech Republic

19 September 2011

$4,473,541.10

$347,202.86

Claimant to pay $4,473,541.10 of Respondent’s legal fees

Claimant to pay 100% of arbitration costs

HICEE B.V. v. The Slovak Republic

17 October 2011

$658,560.91

Each party shall bear its own legal fees and expenses

Claimant to pay 6/10 of arbitration costs, Respondent to pay 4/10; Claimant to pay all costs for unsuccessful arbitrator challenge following issuance of Partial Award

White Industries Australia Limited v. The Republic of India

30 November 2011

$997,775.02

$1,056,524.15

Each party shall bear its own legal fees and expenses except Respondent to pay $88,339.19 for Claimant’s witness fees and expenses

Each party shall bear 50% of arbitration costs

Konsortium Oeconomismus v. Czech Republic

8 February 2012

$429,397.02

$66,258.16

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

ICS Inspection and Control Services Limited (United Kingdom) v. The Republic of Argentina

10 February 2012

$476,685.24

Each party shall bear its own legal fees and expenses

Claimant to pay 100% of arbitration costs

Les Laboratoires Servier, S.A.A., Biofarma, S.A.S., Arts et Techniques du Progres S.A.S. v. Republic of Poland

14 February 2012

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Carl A. Sax and others v. The City of St. Petersburg

30 March 2012

$2,829,688.98

$1,283,872.54

$933,273.60

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Jan Oostergetel and Theodora Laurentius v. The Slovak Republic

23 April 2012

$2,231,039.24

$16,330,131.28

$1,045,322.09

Claimants ordered to pay $2,625,583.34 towards Respondent’s legal costs

Claimants to pay 100% of arbitration costs

InterTrade Holding GmbH v. The Czech Republic, PCA Case No. 2009-12

29 May 2012

$2,957,618.36

$4,951,768.33

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Ulysseas, Inc. v. The Republic of Ecuador

12 June 2012

$5,185,928.67

$6,297,557.44

$970,762.96

Claimant to pay $2,000,000 towards Respondent’s legal costs

Each party shall bear 50% of arbitration costs

Achmea B.V. v. The Slovak Republic, PCA Case No. 2008-13

7 December 2012

$878,847.84

Respondent to pay $3,759,492.84 towards Claimant’s legal costs

Respondent to pay Claimant $285,677.55 of arbitration costs

Luigiterzo Bosca v. Republic of Lithuania, PCA Case No. 2011-05

17 May 2013

$5,424,822.17

$377,504.14

$876,212.80

Respondent to pay 80% of Claimant’s legal costs

Respondent to pay 100% of arbitration costs

Apotex Inc. v. The Government of the United States of America

14 June 2013

$525,814.00

$277,863.62

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

ST-AD GmbH v. Republic of Bulgaria

18 July 2013

$1,353,258.35

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

ECE Projektmanagement v. The Czech Republic, PCA Case No. 2010-5

19 September 2013

$1,273,017.16

$4,672,678.61

$1,433,958.41

Claimants to pay 85% of Respondent’s legal costs excluding Respondent’s claim for VAT

Claimants to pay 85% of arbitration costs

Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17

31 January 2014

$1,022,462.71

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Balkan Energy (Ghana) Limited v. Republic of Ghana, PCA Case No. 2010-7

1 April 2014

$1,002,689.29

Each party shall bear its own legal fees and expenses as per party agreement

Each party shall bear 50% of arbitration costs as per party agreement

Achmea B.V. v. The Slovak Republic, PCA Case No. 2013-12

20 May 2014

$782,859.14

$1,847,305.03

$267,404.88

Claimant to pay $1,385,478.77 towards Respondent’s legal costs

Claimant ordered to pay 100% of arbitration costs

Enkev Beheer B.V. v. Republic of Poland, PCA Case No. 2013-01

13 June 2014

$1,833,265.71

$935,661.52

$609,807.66

Pursuant to the Treaty, each party shall bear its own legal fees and expenses

Pursuant to the Treaty, each party to pay costs for arbitrator it appointed, and share equally the costs of the presiding arbitrator

Hulley Enterprises Limited (Cyprus) v. The Russian Federation, PCA Case No. AA 226

18 July 2014

$81,448,366.04

$27,000,000.00

$11,405,915.99

Respondent to pay 75% of Claimant’s legal costs ($60,000,000)

Respondent to pay 100% of arbitration costs

Veteran Petroleum Limited (Cyprus) v. The Russian Federation, PCA Case No. AA 228

18 July 2014

Yukos Universal Limited (Isle of Man) v. The Russian Federation, PCA Case No. AA 227

18 July 2014

OJSC Tatneft v. Ukraine

29 July 2014

$2,040,308.12

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

European American Investment Bank AG (EURAM) v. Slovak Republic

20 August 2014

$2,090,201.84

$6,951,928.31

$1,370,859.75

Claimant ordered to pay $1,328,402.48 towards Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Valeri Belokon v. Kyrgyz Republic

24 October 2014

$2,482,194.94

$750,000.00

$500,000.00

Respondent ordered to pay $1,229,417.95 towards Claimant’s legal costs

Respondent to pay 100% of arbitration costs

Hesham T. M. Al Warraq v. Republic of Indonesia

15 December 2014

$3,543,052.72

$7,362,860.21

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Forminster Enterprises Limited (Cyprus) v. Czech Republic

15 December 2014

$340,734.75

$24,941.43

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

British Caribbean Bank Limited v. The Government of Belize

19 December 2014

$2,845,830.76

$523,738.91

$618,391.14

Respondent to pay 100% of Claimant’s legal costs except for anti-suit injunction costs before English courts

Respondent to pay 100% of arbitration costs

Active Partners Group Limited v. Republic of South Sudan

27 January 2015

$3,318,480.00

$256,552.50

Respondent to pay $777,223.00 of Claimant’s legal costs

Respondent to pay 100% of arbitration costs

Khan Resources Inc., Khan Resources B.V. and Cauc Holding Company Ltd. v. the Government of Mongolia and Monatom Co., Ltd., PCA Case No. 2011-09

2 March 2015

$12,997,403.68

$710,510.00

Respondent to pay $8,718,888.51 of Claimant’s legal costs

Respondent to pay 100% of arbitration costs

AWG Group Ltd. v. The Argentine Republic

9 April 2015

$1,215,947.82

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Detroit International Bridge Company v. Government of Canada, PCA Case No. 2012-25

17 August 2015

$2,638,066.30

$300,672.00

Claimant to pay 2/3 of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Oxus Gold plc v. Republic of Uzbekistan

17 December 2015

$8,746,369.53

$14,903,900.88

$2,297,768.70

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Copper Mesa Mining Corporation v. The Republic of Ecuador, PCA Case No. 2012-2

15 March 2016

$2,639,264.20

$5,704,179.92

$1,063,515.05

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Mesa Power Group, LLC v. Government of Canada

24 March 2016

$8,518,585.47

$4,601,461.09

$1,731,623.19

Claimant to pay 30% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Peter A. Allard v. The Government of Barbados, PCA Case No.

27 June 2016

$1,241,133.00

$5,850,857.00

$1,134,323.00

Claimant to pay $2,508,144 of Respondent’s legal costs and expenses

Claimant to pay 100% of arbitration costs

Murphy Exploration and Production Company—International v. Republic of Ecuador, PCA Case No. 2012-16 (formerly AA 434)

6 May 2016

$4,466,305.51

$6,790,360.27

$1,261,349.23

Respondent to pay 75% of Claimant’s legal costs ($4,289,628.70)

Respondent to pay 75% of arbitration costs

Peter A. Allard v. The Government of Barbados, PCA Case No. 2012-06

27 June 2016

$1,241,133.00

$5,850,857.00

$1,134,323.00

Claimant to pay $2,508,144 of Respondent’s legal costs and expenses

Claimant to bear 100% of arbitration costs

Mr. Kristian Almås and Mr. Geir Almås v. The Republic of Poland

27 June 2016

$713,081.54

$211,035.40

$267,551.95

Each party shall bear its own legal fees and expenses

Claimant to pay 100% of arbitration costs

Dunkeld International Investment Limited v. Government of Belize, PCA Case No. 2010-13

28 June 2016

$4,713,435.38

$939,589.28

$679,875.98

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Flemingo DutyFree Shop Private Limited v. Republic of Poland

12 August 2016

$2,070,037.22

$989,501.37

$827,010.23

Respondent to pay 60% of Claimant’s legal costs

Each party shall bear 50% of arbitration costs

Windstream Energy LLC v. Government of Canada, PCA Case No. 2013-22

27 September 2016

$4,397,696.21

$5,746,244.25

$908,701.06

Respondent to pay 50% of Claimant’s legal fees and expenses $2,198,847.79

Each party shall bear 50% of arbitration costs

The Renco Group Inc. v. Republic of Peru, ICSID Case No. UNCT/13/1

9 November 2016

$4,585,421.93

$7,817,778.62

$847,958.01

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Dunkeld International Investment Limited v. Government of Belize, PCA Case No. 2010-21

31 December 2016

$177,935.90

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

Murphy Exploration and Production Company—International v. Republic of Ecuador, PCA Case No. 2012-16 (formerly AA 434)

10 February 2017

$60,495.92

Each party shall bear its own legal fees and expenses

Each party shall bear 50% of arbitration costs

WNC Factoring Limited v. Czech Republic

22 February 2017

$5,664,815.06

$1,403,776.46

$905,000.00

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Philip Morris Asia Limited v. The Commonwealth of Australia, PCA Case No. 2012-12

8 March 2017

Claimant to pay undisclosed percentage of Respondent’s legal costs

Claimant to pay undisclosed percentage of arbitration costs

Silverton Finance Service, Inc. v. Dominican Republic

15 March 2017

$380,596.83

$27,000.00

Claimant to pay 100% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

Eli Lilly and Company v. Government of Canada, ICSID Case No. UNCT/14/2

16 March 2017

$8,968,006.00

$4,454,318.55

$749,697.97

Claimant to pay 75% of Respondent’s legal costs

Claimant to pay 100% of arbitration costs

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