CIAO DATE: 03/2015
June 2014
Columbia Center on Sustainable Investment
In allocating costs in investment treaty arbitration, a “loser-pays” principle would incentivize economically-rational behavior by parties, including when deciding whether to bring a claim and/or settle. This principle would promote greater efficiency in investment treaty arbitration.
Resource link: Cost allocation in investment arbitration: Forward toward incentivization [PDF] - 159K