What do you do if your opponents lawyers won't accept service of enforcement proceedings? (Caucedo v Saipem)

Table of contents

• Facts
• Judgment

Article summary

Arbitration analysis: Akenhead J heard an application for costs of enforcement proceedings, including the costs of translating documents for service out of the jurisdiction. In doing so, he criticised the defendant’s London lawyers for refusing to accept service on the basis that they may have been using refusal of service as a tactic to gain more time to consider ways of appealing the award. On the facts, he awarded the claimant their costs (though reduced as some translation was unnecessary). This case serves as a warning against using refusal of service as a tactic in proceedings such as these. While the impact was indeed to buy more time, it was at the expense of over £30,000 of costs.