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Costs Allocation in Investor-State Arbitration

The International Journal of Arbitration, Mediation and Dispute Management, Volume 80, Issue 4 (2014), 11.28.2014
By Wendy J. Miles

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It is now beyond serious debate that in the majority of international commercial arbitration cases, there is at least some costs allocation in favor of the successful party. This practice has emerged across commercial arbitration institutions, despite the fact that some of the major institutional rules contain no presumption whatsoever in favor of the successful party recovering its costs. 

The purpose of this paper is to examine costs allocation in the specific context of investor-state arbitration. The author considers whether the growing acceptance and application of a presumption that the successful party is entitled to recover costs, including its legal costs, in international commercial arbitration should transcend into investor-state arbitration, either as a matter of practice or as a matter of policy.

Related Lawyer: Wendy J. Miles QC

Related Practice: International Arbitration