Costs in international arbitration
摘要
While there is no universal approach to costs awards in international arbitration, “costs follow the event” is the starting point for most tribunals. Costs incurred in an arbitration can usually be divided into the following two categories, namely costs of the arbitration and party costs.In any arbitration, the parties have a discretion to agree on how to allocate the costs during the arbitral process. Agreement may be recorded in the arbitration agreement or the operative provisions of the contract between the parties.Tribunals will generally apply the parties’ agreements on costs allocation, unless the national law provides otherwise.In 2015, the International Chamber of Commerce (ICC) Commission published its Report on “Decisions on Costs in International Arbitration” (ICC Report).Previously, it was considered general practice in investment treaty arbitration to disfavour the shifting of arbitration costs against the losing party. An emerging trend is to couple this approach with “adjusted” costs orders which reflect the relative success of the parties in the arbitration and the parties’ conduct in the arbitration. This trend makes costs allocation a potentially powerful tool in ensuring the efficiency of proceedings.
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