Republic of Sierra Leone v SL Mining Ltd

Republic of Sierra Leone v SL Mining Ltd

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

Parties
Defendant/applicant: The Republic of Sierra Leone; Claimant/respondent: SL Mining Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2021
Procedural Posture
Commercial Court Application for Indemnity Costs Following Discontinuance of S67 Arbitration Act 1996 Challenge / Judgment on Costs Application Post Discontinuance
Outcome
Indemnity costs ordered against Sierra Leone; summary assessment refused; interim payment on account ordered.
Legal Topics
Indemnity Costs, Discontinuance, Compliance With Court Orders, Security for Costs
Arbitration Commercial Law Civil Procedure Indemnity Costs Discontinuance Compliance With Court Orders Security for Costs

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Parties

The Republic of Sierra Leone

Defendant/applicant

SL Mining Limited

Claimant/respondent

Procedural Posture

Commercial Court Application for Indemnity Costs Following Discontinuance of S67 Arbitration Act 1996 Challenge / Judgment on Costs Application Post Discontinuance

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Indemnity costs ordered against Sierra Leone; summary assessment refused; interim payment on account ordered.

Orders

  • Sierra Leone to pay indemnity costs to SL Mining Limited.
  • Interim payment on account of £210,000 ordered.