ASAB 29-3 Thomas Rohner Michael Lazopoulos - Pestalozzi ...

T. ROHNER & M. LAZOPOULOS, RESPONDENT’S REFUSAL TO PAY ITS SHARE OF THE
ADVANCE ON COSTS
Date
Rules
Case (form of
the decision)
02.09.1996 ICC Rules ICC Case 7289
10.09.1999 ICC Rules
undated
[2000]
ICC Rules
27.03.2001 ICC Rules
17.06.2002 ICC Rules
ICC Case 10169
(order no. 1)
ICC Case 10526
(partial award)
ICC Case 10671,
(partial award)
ICC Case 11330
(partial award)
Source
Revue de
l’arbitrage
(4/2002), at 1004
unpublished
Journal du Droit
International
(2001), at 1182
ASA Bull.
(2001), at 288
MATTHEW
SECOMB, Awards
and Orders
Dealing with the
Advance on
Costs in ICC
Arbitration, ICC
ICArb. Bull. 1
(2003), at 63
Summary
Parties have a contractual
obligation to pay their
shares of the advance on
costs. Request for
reimbursement granted.
Request for
reimbursement granted in
form of an order to avoid
the formality of an ICC
award. Claimant can apply
for an interim award if
respondent fails to comply
with the order.
Payment of advance on
costs is a contractual
obligation between the
parties. Request to order
respondent to pay its share
of advance on costs is
neither an interim nor a
provisional measure, but a
final decision.
Payment of advance on
costs is a contractual
obligation between
parties. Request for
reimbursement granted.
Payment of advance on
costs is a contractual
obligation between
parties. Respondent
exceptionally excused
from paying its share
because claimant
conducted certain
corporate restructuring to
the extent that it will be
insolvent in the event that
it loses the case. Request
dismissed.
29 ASA BULLETIN 3/2011 (SEPTEMBER) 571