My company has just completed a three year long legal battle in XYZ country, where we tried to enforce an award. Will ICA Mutual pay out legal expenses?
If you can answer “YES” to all of the questions in the eligibility checklist, then you will be free to register a claim with ICA Mutual. ICA Mutual’s Board will consider each claim on its merits and, where appropriate, will use its discretion to reimburse the costs in full or in part incurred as legal expenses in enforcing the award.
Can I handle my own award enforcement?
Yes. We would expect that you contact the other party and only if they fail to pay your award, that you contact ICA Mutual for assistance. Some ICA Mutual members prefer to undertake their own enforcement of awards. Please to discuss this if you have an award to enforce and want to do it yourself. Please if you choose to do this prior to you approaching your lawyers to enforce your award and we will send you further guidance.
What about cover for arbitrators?
Depending on the case in question, the ICA will fund cover under the ICA Mutual to assist qualified ICA arbitrators and designated ICA members of staff in resisting overseas legal actions against them. Each case will be referred to the ICA Mutual Board for consideration. The age of the case, when you first notified ICA Mutual and whether you were incorrectly cited will be considered. Please for further advice.