Claimant

Claimant

Question

Answered

Topic Activities Activity 1- Suggest ½ hour The parties agree that you should determine liability and quantum in your first award and reserve liability for costs to a further award. In your first award you award the Claimant a substantial sum as damages. There was no counterclaim. (i) What is the basic principle which you will use in determining who should pay the costs of the arbitration ? (ii) Who should pay your fees and expenses ? (iii) Who should pay the parties’ costs ? (iv) In what circumstances would you not follow the basic principle ? Activity 2 – Suggest ½ hour Suppose that in a letter to the Claimant, the Respondent has offered to settle at a sum greater than the Claimant has now been awarded. What presumption as to costs will you then apply ? In what circumstances might you not apply the presumption ? Activity 3 – Suggest ½ hour What is the relevance of parties choosing the seat or venue of arbitration ? Activity 4 – Suggest ½ hour What are the essential requirements as to the form and substance of an arbitration award if it is to be enforceable ?