Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 929 (Comm) (16 April 2021)

Sierra Leone's persistent and unjustified non-compliance with arbitral and court orders, failure to pay costs, and evasion of agreed sanctions constitute conduct sufficient to justify an order for indemnity costs.

Citation: [2021] EWHC 929 (Comm)
Parties: Claimant/respondent: The Republic of Sierra Leone; Defendant/applicant: SL Mining Limited
Jurisdiction: England and Wales
Judgment Date: 16 April 2021
Procedural Posture: Commercial Court Application (costs Following Discontinuance of S67 Arbitration Act 1996 Challenge) / Post Discontinuance Costs Determination
Outcome: Application for indemnity costs granted.
Legal Topics: Indemnity Costs, Discontinuance, Non Compliance With Court Orders, Security for Costs

Arbitration Civil Procedure Indemnity Costs Discontinuance Non Compliance With Court Orders Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

The Republic of Sierra Leone

Claimant/respondent

SL Mining Limited

Defendant/applicant

Procedural Posture

Commercial Court Application (costs Following Discontinuance of S67 Arbitration Act 1996 Challenge) / Post Discontinuance Costs Determination

Legal Issues

1 Whether indemnity costs should be awarded against Sierra Leone following discontinuance of its s67 challenge
2 Whether Sierra Leone's conduct justifies departure from standard costs order

Ratio Decidendi

Court Disposition

Application for indemnity costs granted.

Orders

Sierra Leone to pay SL Mining's costs of the discontinued claim on the indemnity basis.
Interim payment on account of costs ordered in the sum of £210,000.