Contract analysis

1. Introduction and Relief Sought 1.1 These submissions are filed on behalf of the Claimant, Thalassa Shipping & Logistics SA ("TSL"), following the Order of Mr. Justice Ashworth dated 11 October 2024 dismissing the Respondent's application to set aside LCIA Award No. 224718 and granting TSL permission to file written submissions on costs. The submissions are accompanied by a detailed Schedule of Costs at Part B belo

2. Procedural History 2.1 The procedural history is set out in full in the Chronology at Appendix 1. The following summary identifies the key events relevant to the question of costs. The Award 2.2 On 28 June 2024, LCIA Award No. 224718 (the "Award") was issued by a tribunal chaired by Sir Malcolm Fenton-Clarke, sitting with Professor Athena Drakopoulos and Dr. Henrik Dalmqvist as co-arbitrators (the "Tribunal"). The

3. Legal Framework for Costs 3.1 CPR Part 44.2(1) provides that the court has discretion as to whether costs are payable by one party to another, the amount of those costs, and when they are to be paid. 3.2 CPR Part 44.2(2)(a) provides that, if the court decides to make an order about costs, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, but the court may mak

4. Submissions on the Indemnity Basis 4.1 The Legal Test. 4.1.1 CPR Part 44.3(1) provides that, where the court is to assess the amount of costs, it will assess those costs either on the standard basis or on the indemnity basis. 4.1.2 The critical distinction between the two bases is set out in CPR Part 44.3(3): on the indemnity basis, the court will resolve any doubt which it may have as to whether costs were reason

5. Payment on Account 5.1 CPR Part 44.2(8) provides: "Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so." 5.2 The obligation to order a payment on account is thus a presumptive one: the court will order payment of a reasonable sum unless there is good reason not to do so. The burden

6. Schedule of Costs — Enforcement Proceedings in England & Wales 6.1 This Schedule sets out the costs incurred by TSL in the England & Wales enforcement proceedings (Claim No. CL-2024-000487). The costs relate exclusively to work undertaken in connection with the English proceedings and do not include costs incurred in the parallel enforcement proceedings in Cyprus (Case No. 2247/2024), Singapore (OS No. 872/2024),

7. Statement of Truth and Certification I, Samuel Eklund, Responsible Partner at Calderwood & Harkness LLP, 45 Moorgate, London EC2R 6AR, solicitor for the Claimant Thalassa Shipping & Logistics SA, confirm as follows: 7.1 The costs set out in the Schedule of Costs at Part B above are an accurate record of the costs incurred by the Claimant in these proceedings (Claim No. CL-2024-000487). The amounts stated reflect t

8. Certificate Under CPR Practice Direction 44 I, Samuel Eklund, Responsible Partner at Calderwood & Harkness LLP, solicitor for the Claimant, hereby certify as follows: 8.1 The items of costs included in the Schedule of Costs at Part B above have not been claimed in, and will not be the subject of, any other claim for costs in these or any other proceedings. 8.2 In particular, I confirm that: (a) The multi-jurisdict