Time For Costs Budgeting In International Arbitration?

By Margarita Michael, O’Melveny & Myers LLP (April 25, 2017, 5:14 PM EDT) -- The concept of costs budgeting was introduced in English litigation as part of a new case management regime following the Jackson Reforms in April 2013 and is now reflected in the English Civil Procedure Rules ("CPR").[1] The purpose of costs budgeting is to control the costs incurred in litigation by requiring lawyers at the outset of proceedings to provide detailed calculations for, inter alia, pre‑action costs, disclosure, witness statements, expert reports and contingents. In English litigation, this detail is included in a form commonly known as "Precedent H." Precedent H level detail not only assists clients with assessing recoverability of costs, but also increases the prospects of securing a competitive funding offer should such a need arise....

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