Costs of arbitration / Article 20(1) and (2) of the ICC Rules

'In view of the fact that Claimant has substantially succeeded in respect of its claim, the Tribunal determines in accordance with Article 20(1) of the ICC Rules that First Defendant and Second Defendant shall be jointly and severally liable to pay the costs of the arbitration.

In accordance with Article 20(2) of the ICC Rules the administrative costs and the arbitrator's fees have been fixed by the ICC Court of Arbitration at US$ 110,000.

In determining the "normal legal costs" in accordance with Article 20(2) of the ICC Rules the Tribunal has taken into consideration the fact that some of the lawyers' fees and expenses identified in the evidence of Mr. X related to matters extraneous to the arbitration (e.g. the New York Court action, and identifying the location of the Defendant's assets). Taking all these matters into consideration the Tribunal determines that the normal legal costs of Claimant should be fixed at US$ 93,000. Accordingly, the Tribunal directs that First Defendant and Second Defendant shall be jointly and severally liable to pay to Claimant the total sum of US$ 203,000 in respect of the costs of the arbitration in accordance with Article 20 of the ICC Rules.'