CIAO DATE: 09/2013
July 2013
Columbia Center on Sustainable Investment
Some investment arbitration tribunals in the recent years have opined in favor of establishing a single default cost allocation rule based on the parties' relative success in arbitration. The effect of such a default rule, however, might not necessarily resonate with the policy goals of various arbitration fora, ICSID in particular, and calls for harmonization should be reconsidered.
Resource link: Cost allocation in investment arbitration: Back toward diversification [PDF] - 79K