Dardana Ltd v Yukos Oil Company [2002] EWCA Civ 584 (18 April 2002)

Dardana Ltd v Yukos Oil Company [2002] EWCA Civ 584 (18 April 2002)

Neither party achieved its primary aim; the English proceedings achieved nothing substantive. The appropriate order is a single costs award in favour of Yukos Oil Company, subject to a 25% deduction to reflect points on which they did not succeed.

Citation
[2002] EWCA Civ 584
Parties
Claimant/respondent: Dardana Limited; Defendant/appellant: Yukos Oil Company
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
Costs awarded to Yukos Oil Company at 75% of their total costs, to be assessed if not agreed, covering both first instance and appeal.
Legal Topics
Enforcement of Arbitral Awards, Costs Orders, Security for Costs, Stay of Proceedings
Civil Procedure Commercial Law Arbitration Enforcement of Arbitral Awards Costs Orders Security for Costs Stay of Proceedings

Case Brief

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Parties

Dardana Limited

Claimant/respondent

Yukos Oil Company

Defendant/appellant

Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 Whether a split order for costs should be made
  2. 2 Whether costs should be awarded to Yukos Oil Company and in what proportion
  3. 3 Appropriate treatment of costs where neither party achieved its primary aim

Ratio Decidendi

Neither party achieved its primary aim; the English proceedings achieved nothing substantive. The appropriate order is a single costs award in favour of Yukos Oil Company, subject to a 25% deduction to reflect points on which they did not succeed.

Court Disposition

Costs awarded to Yukos Oil Company at 75% of their total costs, to be assessed if not agreed, covering both first instance and appeal.

Orders

  • Yukos Oil Company awarded 75% of their costs, to be assessed if not agreed, for both first instance and appeal.