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Was the adjudicator entitled to his fees? Decision overturned on appeal. See Issue 149. Click to download PDF
What can you do if a Responding Party in an arbitration refuses to pay its share of the Advance on Costs?
Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.