Menolly Investments 3 Sarl & Anr v Cerep Sarl

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.

Jesse Way considers a recent Court of Appeal decision and its potential impact on FIDIC contracts.