The costs of the proceeding are all costs incurred by the parties in connection with the proceeding, including:
(a) the legal fees and expenses of the parties;
(b) the fees and expenses of the Tribunal, Tribunal assistants approved by the parties and Tribunal-appointed experts; and
(c) the administrative charges and direct costs of the Centre.
The Tribunal shall request that each party file a statement of its costs and a written submission on the allocation of costs before allocating the costs between the parties.
(1) In allocating the costs of the proceeding, the Tribunal shall consider all relevant circumstances, including:
(a) the outcome of the proceeding or any part of it;
(b) the conduct of the parties during the proceeding, including the extent to which they acted in an expeditious and cost-effective manner and complied with these Rules and the orders and decisions of the Tribunal;
(c) the complexity of the issues; and
(d) the reasonableness of the costs claimed.
(2) If the Tribunal renders an Award pursuant to Rule 41(3), it shall award the prevailing party its reasonable costs, unless the Tribunal determines that there are special circumstances justifying a different allocation of costs.
(3) The Tribunal may make an interim decision on costs at any time, on its own initiative or upon a party’s request.
(4) The Tribunal shall ensure that all decisions on costs are reasoned and form part of the Award.
(1) Upon request of a party, the Tribunal may order any party asserting a claim or counterclaim to provide security for costs.
(2) The following procedure shall apply:
(a) the request shall include a statement of the relevant circumstances and the supporting documents;
(b) the Tribunal shall fix time limits for submissions on the request;
(c) if a party requests security for costs before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the request so that the Tribunal may consider the request promptly upon its constitution; and
(d) the Tribunal shall issue its decision on the request within 30 days after the later of the constitution of the Tribunal or the last submission on the request.
(3) In determining whether to order a party to provide security for costs, the Tribunal shall consider all relevant circumstances, including:
(a) that party’s ability to comply with an adverse decision on costs;
(b) that party’s willingness to comply with an adverse decision on costs;
(c) the effect that providing security for costs may have on that party’s ability to pursue its claim or counterclaim; and
(d) the conduct of the parties.
(4) The Tribunal shall consider all evidence adduced in relation to the circumstances in paragraph (3), including the existence of third-party funding.
(5) The Tribunal shall specify any relevant terms in an order to provide security for costs and shall fix a time limit for compliance with the order.
(6) If a party fails to comply with an order to provide security for costs, the Tribunal may suspend the proceeding. If the proceeding is suspended for more than 90 days, the Tribunal may, after consulting with the parties, order the discontinuance of the proceeding.
(7) A party shall promptly disclose any material change in the circumstances upon which the Tribunal ordered security for costs.
(8) The Tribunal may at any time modify or revoke its order on security for costs, on its own initiative or upon a party’s request.