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Award of Third-Party Funding (“TPF”) Costs in Arbitral Proceedings: A Review of the English Case of Essar Oilfields Services Limited V.Norscot Rig Manageme

Award of Third-Party Funding (“TPF”) Costs in Arbitral Proceedings: A Review of the English Case of Essar Oilfields Services Limited V.Norscot Rig Manageme

Generally, under the adversarial system of adjudication in Nigeria, a successful party may be entitled to costs subject to the prevailing Rules of Court and other underlying principles of law.

Generally, under the adversarial system of adjudication in Nigeria, a successful party may be entitled to costs subject to the prevailing Rules of Court and other underlying principles of law.

The award of costs is to indemnify the rightful party either for expenses, time and/or effort dissipated in a matter before the Court or other Tribunals. The practice on award of costs is also recognised and applicable in arbitration proceedings. Under the Arbitration and Conciliation Act (“ACA”), Laws of the Federation of Nigeria (LFN) 2014, the costs which an Arbitral Tribunal may award include the Arbitral Tribunal fees, travel and other expenses incurred by the Arbitrators, cost of expert advice, travel and other expenses of witnesses, cost oflegal representation and assistance of the successful party, provided that such costs were claimed during arbitral proceedings.

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Jackson, Etti, & Edu (JEE) or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: October 1, 2024.