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M. Steven Finizio

Associé - Wilmer Cutler Pickering Hale and Dorr LLP


M. Cem Kalelioğlu

Associate - Wilmer Cutler Pickering Hale and Dorr LLP


Mme Marie-Hélène Ludwig

Chief Editor - Jus Mundi

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Allocation of Costs

I. Definition of costs


Costs in investment arbitration (or investor-State dispute settlement (ISDS)), and more generally in international arbitration, are usually divided into two categories: arbitration costs (e.g., administrative costs including fees paid to an arbitral institution, tribunal fees and expenses, etc.), and the parties’ legal costs (e.g., counsel fees, expenses relating to witnesses, expert fees, translation costs, travel and accommodation costs, etc.).1 These costs can be significant,2 but are separate from monetary claims for reparation or damages.

II. Sources of the arbitral tribunal's authority to allocate costs


An arbitral tribunal’s authority to allocate costs can be addressed in the applicable law, agreements of the parties, and applicable rules of arbitration.

A. Costs under the applicable law