Following an appeal from an arbitral award concerning mining concessions and a contractual right of first offer, the court addressed costs of the appeal.
The earlier decision allowed the appeal in part, confirming that the right of first offer was triggered but overturning the arbitrator’s findings regarding partnership, fiduciary duties, and the remedy ordered.
Both parties claimed substantial success and sought partial indemnity costs.
The court held that success on the appeal was divided, as each side prevailed on significant issues.
In the circumstances, the appropriate disposition was for each party to bear its own costs.
