A New Rule of Indemnity Costs for Breach of Arbitration Agreement?
A v B (No. 2) 1 Lloyd's LR Plus 20
This English decision of the Queen's Bench goes some way towards seeking to establish a rule of awarding costs for breach of an arbitration agreement on an indemnity basis. Whilst such an award may be justified in many or even most cases, it is submitted that the settled principles governing the award of costs expressly disavow any such "golden rule" and that an order for indemnity costs must be supported on the particular or exceptional circumstances of each case.
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