Lara Barnett (asker) Jan 21, 2017:

@ Nikki Thanks, that sounds quite good. Are you saying that "par le demandeur" can be omitted?

Nikki Scott-Despaigne Jan 21, 2017:

The meaning has been deciphered above. For the English version though, I think it would be good to find another formulation as it sounds odd to say that something remains unpaid due to someone's failure to pay. The French uses "défaillance du défendeur" but in English there is a natural need to specify the nature of the failure. That's why you can get away with it in French without it sounding odd, but not so easily in English.

"... so that the Court can examine how D was to pay its share of the provision for costs that remain unpaid to this date."

Something of that sort allows you to convey the meaning with accuracy, without missing out anything of the meaning, yet avoiding the repetition. The trick is to think of how to replace "Défendeur" and things fall into palce. There are other ways of phrasing this of course. My suggestion is one among many possibilities.

Lara Barnett (asker) Jan 21, 2017:

@ Nathalie Thank you.

Nathalie Stewart Jan 21, 2017:

Agree with polyglot45 Also, in legal and financial terminology, "règlement" can mean "settlement" but also "payment"
règlement des frais = payment of costs

...so that the Court may examine the terms of payment by the Claimant of that part of the provision towards arbitration costs which has remained unpaid due to the Defendant's failure to pay.

polyglot45 Jan 21, 2017:

you have "de la part de" - means of that part of the "provision" (in this case a sort of deposit, though legal is not my thing - I'm talking grammar only here) on the arbitration costs, this deposit not having been paid by the defendant
HTH