A3 v B3 [2019] ADGMCFI 0006 (25 August 2019)

A3 v B3 [2019] ADGMCFI 0006 (25 August 2019)

Costs awarded to claimant on standard basis as defendant's conduct did not warrant indemnity basis; costs assessed in US dollars due to circumstances of the claim and billing.

Citation
[2019] ADGMCFI 0006
Parties
Claimant: A3; Defendant: B3
Jurisdiction
United Arab Emirates
Judgment Date
25 August 2019
Procedural Posture
Civil / Costs Assessment Post Judgment
Outcome
Claimant's application for indemnity costs refused; costs awarded on standard basis.
Legal Topics
Costs Assessment, Indemnity Basis, Standard Basis, Arbitration Agreement Validity

Case Brief

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Parties

A3

Claimant

B3

Defendant

Procedural Posture

Civil / Costs Assessment Post Judgment

  1. 1 Should costs be assessed on an indemnity basis or standard basis?
  2. 2 Is the claimant entitled to costs in US dollars rather than UAE dirhams?
  3. 3 Are the claimed costs proportionate and reasonable?

Ratio Decidendi

Costs awarded to claimant on standard basis as defendant's conduct did not warrant indemnity basis; costs assessed in US dollars due to circumstances of the claim and billing.

Court Disposition

Claimant's application for indemnity costs refused; costs awarded on standard basis.

Orders

  • Claimant's costs assessed on standard basis.
  • Costs awarded in favour of claimant in sum of US $44,234.06.