Comparative Guides

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4. Results: Answers
International Arbitration
10.
Costs
10.1
How will the tribunal approach the issue of costs?
Nigeria

Answer ... The tribunal is empowered to fix the cost of arbitration in its award. The components that can make up the costs include:

  • the fees of the arbitration tribunal, to be stated separately as to each arbitrator;
  • the travel and other expenses incurred by the arbitrators;
  • the cost of expert advice and of other assistance required by the arbitral tribunal;
  • the travel and other expenses of witnesses, to the extent that these are approved by the arbitral tribunal; and
  • the costs of legal representation and assistance of the successful party, if these costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount is reasonable.

The costs of arbitration are usually borne by the unsuccessful party; but the arbitral tribunal may apportion such costs between the parties if it determines that apportionment is reasonable taking into account the circumstances of the case.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
10.2
Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?
Nigeria

Answer ... There are no restrictions and as such the parties can agree for each party to bear its respective costs.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
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Topic
International Arbitration