Allocation of costs in multiparty arbitrations: a critical approach of English law and the ICC Rules of Arbitration

Dimitrios Athanasakis, Vice President - Corporate Counsel, Hill International N.V., Netherlands

There is some skepticism about the timing and measurement criteria of costs in multiparty arbitrations. The trend in the ICC arbitration practice is that the award of parties’ costs are subjected to an equation of ’complexity, and time, cost and effort criteria’. By looking at the ICC costs-contained institutional environment, this article will pose a broader question: ’have fixed and cost-contained vehicles run out of road?” The distillation of a procedural agreement will enable parties to bend down the narrow limits featured in fixed and cost-contained institutional provisions. Whilst the ICC Rules of Arbitration 2021 may advance cost-contained measures for administration costs, the parties’ legal costs of outside legal counsel, witness and expert statements, may occasionally interrupt rather than facilitate the parties’ procedural and funding/ asset mobility in the multipartite regime; especially where the joinder procedure is met with imprecise costs orders requests, inflated by an unstable claims environment.

Dr. Dimitrios Athanasakis is a highly accomplished legal professional with a wealth of experience in corporate legal affairs, client relations, risk management, business development, and advocacy across various industries including EPC, Marine & Offshore Engineering, Energy, Heavy Civil, and PMCM. Known for his versatility and drive, Dr. Athanasakis has made significant contributions to the companies he has served. Currently serving as the Vice President Corporate Counsel (EMEA) at Hill International, Inc. in Amsterdam, Dr. Athanasakis oversees corporate governance matters and regulatory compliance, resolving concerns promptly to meet regulatory demands. He has played a pivotal role in implementing policy development processes and compliance auditing programs, aligning with US Federal and EU regulations to enhance internal compliance and manage third-party risk effectively. With a keen focus on relationship management, Dr. Athanasakis has established strong alliances with regulators, government agencies, and various stakeholders, fostering enduring business partnerships. His expertise extends to strategic legal initiatives such as cross-border mergers, acquisitions, and divestments, ensuring compliance and integration into company networks. Prior to his current role, Dr. Athanasakis served as the MENA Regional Legal Counsel at Archirodon Group N.V. in Cairo, Egypt. During his tenure, he excelled in resolving legal issues related to project operations, participating in bidding phases, managing contract implementation processes, and defending claims for a variety of projects in the Middle East. Dr. Athanasakis is recognised for his leadership in establishing regional legal operations, instituting claims management divisions, and maximising utilisation of resources to achieve successful outcomes. With a commitment to excellence and a proven track record of delivering results, Dr. Athanasakis continues to make significant contributions to the legal landscape in the corporate sector.

Hill International provides program, project, and construction management services for clients in a range of sectors undertaking major construction projects across the world. Our services include cost engineering and estimating, quality assurance, inspection, scheduling, risk management, and claims avoidance. We are the 4th largest project and construction management firm in the U.S., as featured in Building Design + Construction magazine. We are also ranked the 6th largest overall U.S. construction management firm by Engineering News-Record magazine. Our team has participated in over 10,000 project assignments with a total construction value of over $600 billion. Since 1976, we have developed the experience, expertise, and world-class talent that allows us to offer a deeper perspective on our client’s projects. We can quickly and accurately identify the potential risks facing a project, and provide recommendations on how to effectively navigate these risks. We operate in more than 100 offices across 41 countries. Our regional teams have deep, intuitive local knowledge that helps our clients navigate any potential obstacles. We support this expertise with our wider team of internationally recognized experts. Our focus as a business is project management, which means we are free of any potential design or contracting conflicts of interest. Our sole purpose is protecting our clients’ needs, managing any potential risks, and delivering projects on time and within budget. Together, we deliver the infrastructure of change. Hill is a proud member of the Global Infrastructure Solutions, Inc. family of companies. Learn more about GISI at www.gisi.com.