Jurisdiction(s):
United Kingdom

DIFC Court of First Instance orders parties to bear own costs after mixed interim relief bid; tribunal first port of call; late undertaking and unmeritorious disclosure decisive (Neven v Nole)

Published on: 26 November 2024

Published by a LexisNexis Arbitration expert

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Article summary

Neven v Nole , ARB 010/2024 What are the practical implications of this case?

This judgment is a timely reminder of the wide latitude available to the DIFC Court of First Instance (the DIFCCFI) when assessing costs under the RDC. In applying that discretion, the DIFCCFI will not hesitate to take full account of the parties’ conduct in the proceedings before it. That scrutiny reaches the reasons a party chose to engage the DIFCCFI’s curial functions under the 2008 DIFC Arbitration Law (the DIFC Arbitration Law) to seek twin applications—an injunction and an order for document production—in support of arbitration, in circumstances where the arbitral tribunal, rather than the DIFCCFI, would have been the proper first port of call for any such interim relief. In addition, where interim relief is pursued, an undertaking offered in response should be put forward as soon as is practically possible before the curial court, and not deferred until the hearing of the application, which may simply be too late to stave off adverse cost consequences. The case therefore emphasises that party motivation, procedural choices and timing may all weigh heavily in the DIFCCFI’s approach to costs under the RDC...

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