Koshigi Ltd & Anor v Donna Union Foundation & Anor

Koshigi Ltd & Anor v Donna Union Foundation & Anor

The claimants failed to show a good reason to depart from the default rule that the claimant pays costs on discontinuance; the allegations of bias and non-disclosure were very weak and discontinued shortly before a security for costs hearing, justifying indemnity costs.

Source-derived case information.

Parties
Claimant: Koshigi Limited; Claimant: Svoboda Corporation; Defendant: Donna Union Foundation; Defendant: Ulmart Holdings Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2019
Procedural Posture
Arbitration Claim / Costs Determination After Discontinuance
Outcome
Claimants to pay costs of discontinued s.68 claims to DUF on an indemnity basis.
Legal Topics
Costs on Discontinuance, Bias in Arbitration, Security for Costs, Indemnity Costs
Arbitration Civil Procedure Costs on Discontinuance Bias in Arbitration Security for Costs Indemnity Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Koshigi Limited

Claimant

Svoboda Corporation

Claimant

Donna Union Foundation

Defendant

Ulmart Holdings Limited

Defendant

Procedural Posture

Arbitration Claim / Costs Determination After Discontinuance

Legal Issues

  1. 1 Which party is to pay the costs of the discontinued s.68 proceedings
  2. 2 Whether costs should be awarded on a standard or indemnity basis
  3. 3 Appropriate amount of interim payment

Ratio Decidendi

The claimants failed to show a good reason to depart from the default rule that the claimant pays costs on discontinuance; the allegations of bias and non-disclosure were very weak and discontinued shortly before a security for costs hearing, justifying indemnity costs.

Court Disposition

Claimants to pay costs of discontinued s.68 claims to DUF on an indemnity basis.

Orders

  • Claimants to pay costs of discontinued s.68 claims to DUF on an indemnity basis.
  • Costs include costs before Judge Waksman QC and present hearing.