9. Costs of the Arbitration

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9.3 Tribunal's Decision

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527. On the whole, [Claimant] has been successful in this dispute. The Claimants have established their right to terminate each of the Hotel Agreements, certain breaches by [the Respondent] and their entitlement to some monetary recovery, and wholly defeated the Respondent's large counterclaims when they were not withdrawn at the outset, as in this arbitration. Moreover, the Respondent caused unnecessary, significant, and costly complications through unwarranted applications, including for a preliminary determination on the nature and law applicable to the [Management Agreement] [in all ICC parallel cases]; for security for costs [in the related ICC cases]; as well as an objection to jurisdiction raised rather late in the proceedings [in the related ICC cases]. The Respondent was unsuccessful on all of these applications. The Respondent has also raised [in all ICC parallel cases] a myriad of unsustainable arguments, which caused a great deal of additional work on the part of the Claimant and the Tribunal to address. The Tribunal finally records its strong condemnation of the Respondent's odious tactic of bringing a number of baseless criminal complaints before [the courts of Respondent’s country] against a number of foreign individuals working for [Claimant’s affiliate and agent], which the Tribunal considers were nothing less than attempts at harassment and intimidation. Adding insult to injury, the Respondent sought to invoke these meretricious prosecutions as a reason for the Tribunal to exclude the testimony of these accused individuals in this arbitration, on the footing that they had a bias against the Respondent.

528. On the other hand, it should be noted that the Respondent successfully resisted a number of claims and, in particular, that the damages (sought by the Claimants in cases where [Respondent]’s liability was established) were greatly reduced or denied. Overall, the Claimants' recovery [in all ICC parallel cases] is but a small part of their demands.

529. In consequence of these considerations, the Tribunal concludes that [the ICC parallel cases] are cases where the individual costs of legal representation and other costs incurred by each Party (including on the various applications made by the Respondent during the proceedings) shall remain where they were incurred, but where it is proper that the Arbitration Costs, as fixed by the ICC Court, shall be entirely borne by the Respondent.