Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

13 Costs in Investment Treaty Arbitration

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Investment arbitration can be complex and lengthy, with costs often reaching millions of dollars and sometimes tens of millions. The current state of the law does not allow the lawyer to offer straightforward advice such as: "if we win, they pay us; if we lose, we pay them"; or "whatever happens, each side will pay its own costs and half the costs of the Tribunal". The variables on which this position depends include: the degree of success; the conduct of the parties; the complexity or novelty of the case; and considerations of equity and fairness. This chapter overviews the practical aspects of costs in investment treaty arbitration. It outlines the public international law basis for the once almost unchallenged approach to costs in investment arbitration, before considering costs allocation in ICSID and UNCITRAL proceedings. The chapter briefs about quantitative and qualitative analysis of recent arbitral jurisprudence on costs.

Keywords: arbitral jurisprudence; ICSID; investment treaty arbitration; public international law; UNCITRAL

10.1163/9789004276574_014
/content/books/b9789004276574_014
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Litigating International Investment Disputes — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation