Cost Submissions - Additional Facilty Arbitration

3.3.10-Cost-Submissions-LP.pngIn most cases, advance payments for costs of the Tribunal and ICSID fees and expenses are requested in equal parts from the parties and the Tribunal decides on the allocation of costs in the award.  Unless the parties agree otherwise, a Tribunal can allocate the cost of any part of the proceeding at any stage (Article 58 of the Arbitration (Additional Facility) Rules), without prejudice to its final decision on costs in the award.

At the end of the proceeding, the parties are invited to file statements or submissions on costs. A statement of costs lists the costs incurred by a party, including the costs of its legal representation, while a submission on costs also contains a party’s arguments on how and by whom the costs should be paid.

The Tribunal has broad discretion to allocate costs between the parties in the final award. It may allocate costs with regard to the proceeding as a whole or with regard to a particular part of the proceeding. Its decision in the award becomes binding and enforceable.

 

 

 
  • John Y. Gotanda, Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review—Foreign Investment Law Journal, Vol. 28, No. 2, pp. 420-437 (2013)
    • Lucy Reed, Allocation of Costs in International Arbitration, ICSID Review—Foreign Investment Law Journal, Vol. 26, No. 1, pp. 76-87 (2011)
    • Noah D. Rubins, The Allocation of Costs and Attorney’s Fees in Investor-State Arbitration, ICSID Review—Foreign Investment Law Journal, Vol. 18, No. 1, pp. 109-129 (2003)
 
 

 Related Content