Long last debate has been raised during this year on
Awarding Legal Costs in ICC Arbitration Awards. First of
all, On 5 February 2024, the Dubai Court of Cassation
("DCC") issued a noteworthy decision, in
Commercial Case No. 821-857 of 2023, where the DCC upheld the
Dubai Court of Appeal ("DCoA"), which
partially set aside an arbitral award issued under the Arbitration
rules of the International Chamber of Commerce ("ICC
Rules") regarding the awarding of
legal costs.
Nine months later the DCC issued another
decision, in Commercial Case No. 756 of 2024, where the DCC revoked the Dubai
Court of Appeal ("DCoA"), which
partially invalidate the arbitral award in regarding with awarding
the legal costs. Similar to this approach Abu Dhabi Cassation Court
issued several decisions that upheld the arbitral tribunal's
authority to award the legal costs.