Mr. Jonathan D. Schiller
BOIES, SCHILLER & FLEXNER LLP 575 Lexington Avenue 7th Floor
New York, NY 10022
United States of America
Tel: +1 212 446 2300
Fax: +1 212 446 2350
E-mail: ischiller@bsfllp.com
and
Mr. William A. Isaacson
Mr. Hamish P.M. Hume
Ms. Heather King
Ms. Amy L. Neuhardt
Mr. Ross P. McSweeney
BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue, NW 8th Floor
Washington, DC 20015
United States of America
Tel: +1 202 237 2727
Fax: + 202 137 6131
E-mail: wisaacson@bsfllp.com
hhume@bsfllp.com
hking@bsfllp.com
aneuhardt@bsfllp.com
rmcsweeney@bsfllp.com
Ms. Sylvie Tabet
Mr. Mark A. Luz
Mr. Adam Douglas
Mr. Reuben East
Ms. Heather Squires
Trade Law Bureau (JLT)
Foreign Affairs and International Trade Canada
Government of Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2
Canada
E-mail: mark.luz@international.gc.ca
sylvie.tabet@international.gc.ca
adam.douglas@international.gc.ca
reuben.east@international.gc.ca
heather.squires@international.gc.ca
"[...] The parties have conferred further, however, and have agreed that, because Canada ’s May 20 submission will be the first time DIBC is able to view a schedule of the costs of arbitration sought by Canada, if agreeable to the Tribunal, DIBC may submit a reply brief on May 27, 2015 at 5pm that will be limited to a discussion of Canada’s schedule of costs. Further, and again if agreeable to the Tribunal, Canada then may submit a reply brief on June 3, 2015 at 5pm that will be limited to discussion of DIBC ’s response to Canada ’s schedule."
"(a) That is does not have jurisdiction to hear Claimant ’s claims in this case, and
(b) To defer the decision regarding the allocation of the costs of this arbitration to a future award."29
Article 40 of the UNCITRAL Arbitration Rules:
1. The arbitral tribunal shall fix the costs of arbitration in the final award and, if it deems appropriate, in another decision.
2. The term "costs " includes only :
(a) The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with article 41;
(b) The reasonable travel and other expenses incurred by the arbitrators;
(c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal;
(d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;
(e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;
(f) Any fees and expenses of the appointing authority as well as the fees and expenses of the Secretary-General of the PCA . (Emphasis added)
Article 42 of the UNCITRAL Arbitration Rules
1. The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case.
2. The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs. (Emphasis added)
Arbitrator | Fees | Expenses |
Hon. Judge Chertoff | USD 20,250.00 | USD 831.02 |
Prof. Vaughan Lowe | USD 57,656.25 | USD 24,209.46 |
Mr. Yves Derains | USD 109,218.75 | USD 17,916.06 |
All other tribunal expenses, including (i) bank costs, (ii) courier expenses, (iii) court reporter, (iv) currency translation variances, (v) Derains & Gharavi VAT (paid for Resp.), (vi) hearing facilities and (vii) printing and supplies. | USD 37,600,25 | |
Total | USD 267,681.79 |
(a) Claimant shall bear 2/3 of Canada’s reasonable legal costs and expenses in this arbitration and shall consequently reimburse Respondent the total of CAD 1,777,706.30 ;
(b) Claimant shall bear all the costs of the proceedings, and shall consequently reimburse Canada the deposit it made to the PCA in the amount of USD 150,336,00 :
(c) The PCA shall reimburse USD 9,664.00 to each Parly in respect to the unexpended balance of the deposit.
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